NYC Wrongful Death Lawyer

At Tucker Lawyers PC, We Do Not Give Up When Defending the Memory of Your Loved One

Count on Our Wrongful Death Attorney to Fight for You

We understand that your family may not be thinking about filing a wrongful death claim after a fatal accident for a loved one. You want to focus on putting your life back together and on figuring out how you will be able to survive as a family without your loved one. Or you may feel as though seeking justice for your loved one is extremely important, and you are ready to file a claim immediately. When someone else caused your loved one’s fatal accident, that person must be held accountable.

It’s possible that you may be dealing with all of these emotions at the same time. Our NYC wrongful death lawyer understands the conflicting feelings that happen after a death of a loved one. You can trust that we will represent you and your family with the compassion that you deserve. However, do not assume this means we will sit by quietly while letting the insurer dictate terms to you. We will stand up vehemently for your loved one’s memory when the insurance company is trying to introduce lies into the negotiations.

We treat you with respect, and we sympathize with the situation you are facing. But we also fight tirelessly for your right to win the judgment your family deserves.

We will not push you in a direction that makes you uncomfortable. Instead, we believe strongly in keeping our clients informed about all of the options in the case. Our wrongful death lawyer will provide advice about how to proceed at every step of the way, but the final decision in how we proceed will always be up to you.

Find out how we can help you. Call our team today at (516) 399-2364 for a free consultation with our wrongful death lawyer or car accident lawyers in Hempstead.

Our Wrongful Death Attorneys in NYC Will Stand Up to Unfair Insurance Companies

When you are dealing with the death of your loved one at the hands of a negligent party, you might expect the insurance company that is representing the party at fault to treat you with some compassion. Clearly, the insurer should know that you are going through a very difficult time emotionally, so it is natural for you to expect fair treatment from the insurance company.

Unfortunately, this doesn’t happen often. Our team of wrongful death lawyers in NYC has many decades of experience collectively defending the rights of victims of someone else’s negligence. We know how insurance companies often behave in these types of cases.

The insurer may act as if it has your best interests in mind when it initially contacts you. However, always remember that the insurance company increases its profits by attempting to limit the amount of money it pays to the families during wrongful death claims.

Insurers Sometimes Try to Blame the Decedent for the Accident

To try to convince you to accept a smaller settlement than you deserve, an insurance company may try to make it seem as though your loved one made a mistake that played a significant role in the fatal accident. They may suggest that your loved one was accident prone or was frequently reckless. The insurer may even try to introduce so-called facts into the case that reveal personal details about your loved one’s life that try to paint him or her in a negative light.

Half-truths and lies like this are difficult to hear after your loved one’s fatal accident. The insurer may be trying to cause you to become highly emotional, placing you on the defensive. The insurer may hope that you will settle the case quickly for less, to put an end to the process.

Trust that our NYC wrongful death lawyer knows how insurance companies behave in cases like this. We will defend your loved one’s memory. We will make sure the insurance company sticks to the facts and does not lie about what happened.

If you find that the process of dealing with the insurer is giving you significant stress and frustration, we can help. Once you choose to hire our team, we will take over all communication with the insurance company. You do not have to speak to any insurance company representative on your own once you hire us. You can feel confident that we will represent your interests accurately in negotiations with the insurer. For a free case review, call Tucker Lawyers PC at (516) 399-2364 as soon as possible.

Frequently Asked Questions About Wrongful Death Claims in New York

• How much can I seek in a wrongful death claim?

  It depends on the expenses you’ve faced because of your loved one’s passing. The medical bills, funeral expenses and lost income will determine a great deal of the amount you seek in a claim. The pain and suffering of the deceased are less concrete, but should still be factored into your claim. If you’d like to learn more about how we determine damages in wrongful death claims, contact our team to schedule a free consultation.

• How long does it take to get compensation in New York wrongful death claims?

  The amount of time required to resolve a claim varies. The complexity of the case, the extent of damages a family is seeking, and the number of parties involved all factor into the length of a case. These cases can take several months or longer to resolve, so it’s always best to begin the process as soon as possible. Acting quickly ensures that you meet the statute of limitations and that your legal team is able to get you compensation in the timeliest manner possible.

• How much does a New York wrongful death lawyer cost?

  Attorneys determine how they will be paid by their clients. Some attorneys might want money upfront or to be paid a rate for their time. At Tucker Lawyers PC, our wrongful death lawyer works on what is called a contingency fee. That means that we get paid only if we win your case. If we recover no compensation, you owe us nothing. We believe in the abilities of our team, and we want to be sure that no client is burdened financially if their claim ultimately results in no compensation.

• How does filing a wrongful death claim start?

  To seek damages in a wrongful death claim, it must be proven that there was negligence, that the negligence led to the death and that the death resulted in financial damages for the survivors. Damages in a wrongful death claim center primarily on the financial impact of a loss, such as lost income, medical bills and end-of-life costs. They may also include the suffering of the deceased. However, they do not include the pain and suffering of the surviving family members.

• How long do I have to file a wrongful death claim?

  According to NY Courts, the family members of the decedent have up to two years from the date of the fatality to begin the process of filing a wrongful death claim. If the death occurred because of medical malpractice, family members have two-and-a-half years to start the process, according to N.Y. C.P.L.R. § 214-a. If you believe the deadline is approaching in your case, contact our NYC wrongful death lawyer as soon as possible. We will do everything we can to move your case forward and to adhere to any applicable deadlines. Understand that this deadline does not mean you have to settle the case within the time frame. You simply have to begin the filing process that shows you are seeking a wrongful death claim.

• Who is eligible to file a wrongful death claim in NYC?

  The New York Estate Powers & Trusts Law specifies that the personal representative of the decedent’s estate, also called the executor, files the claim from a legal standpoint. The personal representative could be a family member, but he or she does not have to be a member of the family. The personal representative would serve as the representative of the other family members in the lawsuit. The family members who can receive the proceeds from the wrongful death claim include a surviving spouse and children. If these family members are not alive or do not exist, the decedent’s parents and siblings could receive the proceeds. It is also possible that the decedent’s estate will receive the proceeds, and the distribution of the estate set forth in a will or living trust will apply to the proceeds.

• Who will be liable in my loved one’s wrongful death case?

  Part of the work our NYC wrongful death lawyer will do in your case is determining which party committed a negligent or reckless act that led to your loved one’s death. Sometimes, more than one party may be responsible. We will study the facts in the case, reading through police reports and interviewing witnesses, to determine which parties should be liable. Remember that when you file a wrongful death claim, the responsible party’s insurance company nearly always will make the payment.

How to Know If a Wrongful Death Claim Is the Right Choice for Your Family

When you call our team for a free consultation, we will take the time to learn about your loved one’s fatal accident. We will work with you to determine whether you are eligible to file a wrongful death claim. After this fact-gathering process, we may recommend that you should not file a claim. You are under no obligation to hire us after your free consultation.

However, far more frequently we are able to determine that the facts support going forward with your wrongful death case. When you hire us, you can trust us to be honest about what may happen in your case. We will not make promises that you will win a certain amount, and we cannot guarantee that you will win anything. We will assure you that we will work as hard as we can on your family’s behalf, relying on our past successes in cases similar to yours. The primary aim of our wrongful death lawyer will be working tirelessly to yield a successful outcome for your family.

We Can Help with the Challenging Aspects of Filing a Wrongful Death Lawsuit

Some families hesitate when deciding whether to file this type of claim. They may be nervous about having to relive the circumstances that led to their loved one’s fatal accident. It can be traumatic to think about how your loved one died and to discuss the case with strangers.

We understand these feelings, and we want to help as much as we can. Our New York wrongful death lawyers will try to make things as easy as possible for you as the lawsuit moves forward, but we cannot guarantee that it will be an entirely smooth process. There will be times where the emotions in the case will come to the forefront. Our team emphasizes treating our clients with compassion at every step of the way. We will stand with you from beginning to end in the case, supporting you and your family.

Some people prefer to turn inward and focus on family after the sudden death of a loved one. They may not want to think about trying to obtain a financial award. We understand this sentiment. However, if your loved one worked and contributed to the family’s finances, the fatal accident may leave your family in financial trouble without your loved one’s wages. We feel certain that your deceased family member would not want you to suffer financially after the accident.

When our team works toward helping you receive a financial judgment, we hope that this money can give you an opportunity to maintain your family’s quality of life and to keep your financial dreams and hopes for the future alive.

Client Testimonial

”Great service! Always available and great with follow ups. Ralph Sabatino did a great job assisting me, as well as all the staff envolved. Highly recommend this company.” – Silvia DaSilva (Google Review)

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 ]