MANHATTAN wrongful death lawyer
Award-Winning Personal Injury Legal Representation
Wrongful Death Attorney Manhattan
If you have lost a loved one due to another party’s negligence, contact our wrongful death lawyer in Manhattan for a free consultation. We will help you get justice and obtain fair and just compensation.
Death is not an easy truth to accept. It’s easy to think that there are people who die every day. But it’s not an easy pill to swallow, especially if it’s your loved one who died.
Wrongful death is unfair, not only to the deceased victim but also to the victim’s surviving family members and loved ones. The offender robbed the victim of a chance to fulfill the future they’ve been working on their whole life.
The pain of death is a burden to the people who are left to suffer. When a loved one dies because of other people’s negligence, it is only right to seek justice for what happened.
A report released back in 2018 shows that unintentional injury is one of the leading causes of death in New York City. The statistics also provided the number of death related to the accidental injury for the past years.
- 2018: 7,323 deaths
- 2017: 7,657 deaths
- 2016: 7,334 deaths
- 2015: 6,372 deaths
- 2014: 5,820 deaths
An experienced New York wrongful death lawyer can help you achieve the justice your family deserves.
HOW CAN OUR PERSONAL INJURY LAW FIRM HELP YOU WIN YOUR WRONGFUL DEATH LAWSUIT?
Our Injury Law Firm has extensive experience in representing clients for wrongful death claims.
At Giordano Law Offices Personal Injury & Employment Lawyers, we only offer the best services for our clients. We offer a free consultation to evaluate the situation and calculate the maximum amount of compensation based on the damages.
Our law firm has a reputation for winning cases. Our nine consecutive years of notching the elusive Thomson Reuters Super Lawyer Award speaks volumes.
Our Manhattan wrongful death lawyers at our personal injury law firm provide an unwavering willingness to help our clients achieve the best outcome for their cases.
We provide hands-on assistance from the initial free consultation up until filing for a lawsuit.
WHAT IS A WRONGFUL DEATH CLAIM?
Lack of due care could cost the life of another person. This is what wrongful death is—death caused by another person’s negligence.
A wrongful death claim is brought upon the deceased victim’s immediate family member or legal spouse. It is a claim against the negligent individual who is liable for the victim’s death.
The victim’s representative should establish proof against the perpetrator. They should be able to provide evidence that the other person’s negligent act caused the victim’s death.
An experienced wrongful death lawyer can help you gather any strong evidence your party can present to prove that the negligent action led to the victim’s death.
LEADING CAUSES OF WRONGFUL DEATH
Several occurrences cause wrongful death cases. Some of the common causes of wrongful death are listed below:
- Car accidents: When the victim dies due to a car crash, the at-fault driver is liable for wrongful death. Distracted driving, driving under the influence, and overspeeding are the leading causes of car accident fatalities.
- Truck accidents: Due to the truck’s massive size and lack of side vision, some pedestrians or cyclist gets run over by this large vehicle. Aside from the truck’s decreased side vision, factors such as negligent driving and poor weather condition increase the likelihood of a truck accident.
- Medical malpractice: Primary medical providers often make mistakes when treating their patients. Sometimes these mistakes could lead to a fatal accident. Misdiagnosis, prescription error, and surgical error are medical mistakes that could lead to wrongful death.
- Workplace accidents: Workplace accidents happen every day, but some severe errors lead to a death of an employee. Lack of appropriate equipment training, faulty work equipment, and slip and fall are common causes of workplace accidents that lead to wrongful death.
- Product liability: Commerical products should be safe for general use. However, a product manufacturing or designing defect could take the life of a consumer. In this scenario, the product manufacturer can be held liable for a wrongful death case.
Several reasons cause wrongful death. It is essential to act fast and smart when you lose a loved one because of another person’s negligence.
DAMAGES AVAILABLE IN A WRONGFUL DEATH CASE
Damages available in wrongful death cases can either be financial damages or non-monetary damages. Financial or economic damages are damages to the victim’s finances. These include the victim’s medical bills and lost wages.
Non-monetary damages cover the victim’s pre-death pain, suffering, and emotional distress.
Other damages available in wrongful death cases include:
- Funeral expenses
- Burial expenses
- Loss of inheritance caused by the death of the victim
- Loss of consortium
- Loss of care and guidance provided by the victim to their family or loved ones
The victim’s beneficiaries would receive the compensation recovered from wrongful death claims.
WHO CAN FILE A WRONGFUL DEATH LAWSUIT?
Who can file a wrongful death lawsuit varies from each state. In New York City, the responsibility of filling a case falls upon the decedent’s personal representative.
The personal representative is identified the victim’s last will and testaments.
The personal representative will file a lawsuit. Any damages recovered from the case will go to the deceased victim’s beneficiaries. The beneficiaries are the victim’s immediate family.
This includes the victim’s living spouse and children. If the victim does not have any spouses or children, the compensation will go to the victim’s parents.
If the victim does not have any surviving parents, spouses, or children, the victim’s sibling will receive the recovered compensation.
WHAT IS MANHATTAN’S STATUTE OF LIMITATIONS FOR A WRONGFUL DEATH CLAIM?
New York law states that the state’s statute of limitation for wrongful death claims is two years from the victim’s death.
This means that the victim’s representative should be able to file for wrongful death claims within two years after the victim’s death.
If, in any case, the personal victim was not able to meet this established deadline, the law will forfeit the damage compensation.
This is why the personal representative must act fast in this event. They would need to seek the help of an experienced New York wrongful death lawyer.
WHY CHOOSE GIORDANO LAW OFFICES FOR YOUR WRONGFUL DEATH CLAIM?
Giordano Law Offices Personal Injury & Employment Lawyers’ personal injury attorneys have extensive experience in handling wrongful death cases.
Our law firm’s principal attorney, Carmen ‘Jack’ Giordano, is a former Rackets and Homicide prosecutor. He has vast experience representing clients in serious personal injury lawsuits. He has years’ worth of knowledge in winning wrongful death cases.
Here are some of our law firms’ notable feats in the field of wrongful death.
- Our law firm was able to secure a total amount of $1.5 million settlement fee.
- We were able to secure a $1.2 million settlement fee for Henriquez’s Family wrongful death case.
Our previous clients testify for the successful handling and representation of their cases.
Our law firm’s decades worth of experience and proven success in wrongful death lawsuits show why we are the best choice for your wrongful death claim.
We prioritize the best interest of our clients and work towards meeting their goals. We only serve our clients the best quality of services because we know that you deserve the best.
Our legal firm offers a free case review. We will evaluate your case first and provide astute legal advice that is best for your case. And we take all personal injury cases on a contingency fee basis, meaning, you will not be charged until we are successful at obtaining a recovery for you.
WRONGFUL DEATH FAQs
Listed below are the commonly asked questions about a Wrongful Death case:
There is no direct answer to how much a beneficiary can obtain from a wrongful death claim. Several factors come into play when estimating an amount for wrongful death.
Speak with an experienced wrongful death attorney to estimate the maximum amount of compensation you can get from your loss.
Losing a family member or a loved one is a devastating experience to go through. We know the time you need to grieve your loss.
However, waiting too long to file for a wrongful death claim can make you lose some amount of compensation. It is crucial that the personal representative act immediately.
Following New york’s statute of limitation, a personal representative can file wrongful death claims within two years from the victim’s death.
If the personal representative successfully obtains the claim, he will distribute the compensation following the will of the late victim.
If the victim did not leave behind a will before his death, the New york city interstate law will take effect. The law states that:
- If the victim has a spouse and no children, the spouse will receive full compensation.
- If the victim has a spouse and children, $50,000 and half of the balance goes to the spouse. The remaining balance will be divided among the surviving children.
- If the victim has children and no spouse, the compensation will be divided among the children.
- If the victim has no children and a spouse, the compensation will go to the parents.
- If the victim has no children, spouse, and parents, the compensation will be divided among surviving siblings.
There is a lot of situations that can be counted as wrongful deaths. Listed below are conditions that can be qualified as wrongful death:
- Vehicular accident: When a distracted driver makes an unexpected turn causing him to collide with another driver and kill them, he can be accused of wrongful death.
- Medical Malpractice: A physician who killed his patient because of a wrong diagnosis can be charged with wrongful death.
- Premises liability: When a victim dies at a private property due to a safety hazard, the property owner can be charged with wrongful death. This usually occurs on a construction site.
- Pedestrian accident: If an overspeeding driver kills a pedestrian, the at-fault driver can be indicted for wrongful death.
A personal representative would need solid evidence that the defendant’s negligence caused the victim’s death.
Legal documentation such as police reports, medical reports, and autopsy reports help prove the defendant’s liability. Witness testimonies and photographic records are also beneficial evidence in holding the defendant accountable for the event.
Experienced wrongful death attorneys can help you gather relevant evidence to establish your claim.
The law states no specific amount on what amount of settlement is considered ‘fair.’ The amount of the settlement offer should fairly compensate for the damage inflicted by the victim.
It is recommended to seek the legal advice of a well-regarded wrongful death attorney in this matter. They can provide proper case evaluation for your case. They know what amount of settlement is fair based on the damages sustained.
If the defendant’s party proved that the victim’s negligence caused his death, the law would follow New York’s comparative negligence act.
This states that the liability is distributed between both parties depending on the fraction they share in the accident. This means that the victim’s party will receive a reduced compensation based on the victim’s contribution to the accident.
TALK TO A MANHATTAN WRONGFUL DEATH ATTORNEY TODAY
The death of a loved one is a hard time to go through. We understand the hardships that you are going through at this moment.
Giordano Law Offices Personal Injury & Employment Lawyers is dedicated to making this already difficult time more bearable for you. We will assist you in processing all the necessary legal groundwork so you can focus on recovering from the death of your loved one.
Contact our law office at (646) 217-0749 or fill out this form for free case evaluations. Check our website for other services we offer.
The Giordano Law Firm was founded by Attorney Jack Giordano. Mr. Jack Giordano is the managing partner and principal at the Giordano Law Firm.