Losing a loved one is tragic regardless of the circumstances. However, there’s an extra layer of grief when their death is caused by another person’s negligence. If this happens, filing a wrongful death lawsuit may help you cover funeral and burial expenses and make up for future income your loved one would have earned. If you’ve lost a loved one because of another person’s negligent conduct, you should consider contacting our Nassau County wrongful death lawyers.
A wrongful death lawsuit works similarly to a personal injury lawsuit — it holds people and organizations accountable when their negligent or intentional actions cause a person’s death.
Why Choose Us?
The Tucker Lawyers Team Is Ready to Fight for You
If you’re considering pursuing a wrongful death action, you shouldn’t simply hire the first lawyer you find. Your choice of attorney makes a major difference in the outcome of your case, so you should take the time to select one you trust to represent you. Here are a few reasons to consider working with Tucker Lawyers:
- You pay nothing unless we recover compensation for you.
- We have 30 years of experience successfully representing clients.
- We work hard to achieve the results our clients deserve.
- If we take your case, we will keep you informed every step of the way.
- We offer free, immediate consultations.
- Our founder is a former insurance lawyer, so we’re familiar with the tactics insurance companies use to deny your claims.
We firmly believe in the importance of holding reckless and negligent people accountable. If you choose us, we will do everything in our power to help recover the compensation you and your family are entitled to.
When Can You File a Wrongful Death Lawsuit?
There are many situations where it may be appropriate to file a wrongful death lawsuit. These are some common examples:
Car Accidents
Many of our clients pursuing personal injury lawsuits have been injured in car accidents. Similarly, you might choose to file a wrongful death lawsuit if your loved one suffers fatal injuries because of a negligent driver.
Premises Liability Cases
Owners of property accessible to the public — and owners of private property who host invited guests — have a responsibility to maintain safe premises. Some of the most common premises liability situations are slip and fall cases where a person slips on an unmarked wet floor, an icy sidewalk, or a similar hazard. Some falls can be fatal. However, there are a number of other instances where a property owner may be held accountable for wrongful death, including the following:
- An improperly built warehouse collapses, killing everyone inside.
- A visitor is assaulted and killed because of inadequate security.
- A child wanders into an unfenced, unsecured swimming pool and drowns.
- An aggressive dog mauls a houseguest.
Not all premises liability cases are as clear-cut as these examples. When in doubt, you should consult an experienced wrongful death lawyer.
Medical Malpractice Cases
When a loved one dies in a hospital or during a medical procedure, that does not automatically mean the provider is guilty of malpractice. However, if a practitioner makes an error most competent physicians wouldn’t, and the error causes death, you may have a wrongful death case. For example, if someone suffers catastrophic injuries and is rushed into surgery but fails to survive, the surgeon would likely not be guilty of medical malpractice because they were unable to save the patient.
On the other hand, if a person is hit by a car and goes to the emergency room complaining of abdominal pain, but the treating physician sends them home without doing any kind of diagnostic testing and the patient dies of internal bleeding, the doctor may be guilty of medical malpractice and wrongful death.
Product Liability Cases
Product designers and manufacturers are responsible for making safe products. If a particular product has a serious design flaw or manufacturing defect that ultimately kills someone, the designer or manufacturer might face a wrongful death lawsuit.
Who Can File a Wrongful Death Action in New York?
Like most states, New York limits who can file a wrongful death lawsuit. However, the limitations New York imposes are stricter than most. To file a wrongful death lawsuit, you must be a personal representative of the deceased person. However, that doesn’t mean the personal representative is the only one who can receive the proceeds of a wrongful death lawsuit. In most cases, the deceased’s spouse and children are entitled to receive compensation from a wrongful death action. However, if the deceased has no surviving spouse or children, their parents or siblings may be able to recover compensation.
The distribution of the proceeds of a wrongful death lawsuit can be complex, especially if there are multiple parties who may be entitled to the money. If it isn’t immediately clear who should receive the proceeds, your wrongful death attorney can help you determine how any funds will be distributed.
Considering filing a wrongful death action? Let Tucker Lawyers be your guide. Give us a call at (516) 399-2364 for a free consultation.
What Does Your Attorney Have to Prove to Win a Wrongful Death Lawsuit?
In order to secure compensation for your family, a wrongful death lawyer must be able to prove the following elements of a wrongful death lawsuit:
The At-Fault Party Was Negligent
Your lawyer must prove that the person or organization responsible for your loved one’s death owed a duty of care to your loved one and violated that duty. For example, drivers have a duty of care to obey traffic laws, so if a drunk driver hit your loved one, the driver’s intoxication behind the wheel indicates that they were negligent.
Their Negligence Directly Caused Your Loved One’s Death
In many instances, this element is fairly straightforward to prove. For example, if a drunk driver goes the wrong way on the highway and causes a fatal accident, their negligence clearly caused the death.
There Are Surviving Beneficiaries
Because the proceeds of a wrongful death benefit are meant to support the deceased person’s family, there must be eligible beneficiaries like a spouse, child, or dependent.
The Beneficiaries Have Suffered Financial Harm
This element requires your lawyer to prove that your loved one’s family members have suffered financial losses. If you were fully or partially dependent on your loved one’s earnings, you have clearly suffered financial harm. If you were not dependent on your loved one but paid for their funeral and burial costs, you may be able to recover compensation for those expenses.
How Long Do You Have to File a Wrongful Death Action?
Generally speaking, New York’s statute of limitations for wrongful death actions is two years from the date of death. If at all possible, you should contact a wrongful death lawyer early on. It can take significant time to build a strong case, so it’s best to give your lawyer as much of a head start as possible.
FAQ
In the wake of losing a loved one, navigating an unfamiliar legal system can be especially difficult. Many of our new clients come to us with questions like these:
What does “wrongful death” mean?
A wrongful death lawsuit is a legal action you can take against someone who intentionally or negligently caused the death of a loved one.
What kinds of losses can a wrongful death claim cover?
Compensation from a wrongful death claim may cover your loved one’s medical, funeral, and burial costs. It also may replace the income your loved one would have earned had they not been killed.
How do I know if I have a case?
The laws around wrongful death claims are more complex than many people realize. The best way to determine whether you have a case or not is by consulting with an experienced wrongful death attorney.
Why should I hire a lawyer to pursue a wrongful death claim?
Unless you have a legal background, the process of filing a claim can be extremely difficult. An attorney can handle all the paperwork for you. They can also negotiate with the insurance company in an attempt to secure a fair settlement.
How much compensation can I recover for my loved one’s wrongful death?
That depends on the details of your specific situation. At your free consultation, we can assess your case and give you an idea of what it may be worth.
Pursuing a wrongful death lawsuit is a major decision, and we know you’ll likely have questions along the way. If you have additional questions or want to schedule a free consultation, our office is just a phone call away.
Contact Our Nassau County Wrongful Death Lawyers
The Right Attorney Makes All the Difference
If you’ve lost a loved one, you know that no amount of money can fill the space they’ve left behind. When we try to recover compensation for you, we aren’t seeking to replace your beloved family member. Instead, we want to ensure that you have the financial support you need as you grieve. A wrongful death action can also be a way to hold those whose negligence caused your loved one’s death accountable for their actions, whether they are facing criminal charges or not.
If you’re considering a wrongful death action, Tucker Lawyers may be able to help. Call us at (516) 399-2364 to set up your free consultation today.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]