New York Wrongful Death Attorneys
Seeking Justice on Behalf of Families in New York & New Jersey
Losing a loved one is a tragic, painful experience. When a loss occurs because of someone else’s negligence, the tragedy is truly unbearable. Families who have suffered from such a loss should call an experienced New York wrongful death lawyer who will fight for justice in their lost loved one’s name.
At Simonson Goodman Platzer PC, we fight for our clients with all of the professional and financial resources of our firm. We provide our clients with a constant shoulder to lean on through a very difficult period, and we continue providing supportive understanding and compassion, even after a case is concluded.
Our partners have decades of experience representing victims of wrongful death in New York and New Jersey. The settlements or judgments we have won for our clients, totaling many millions of dollars, have helped pay for expenses such as hospital bills, funeral and burial costs, and, in some instances, compensation for the loved one’s lost wages and the loss of the loved one’s companionship. Let’s see if we can secure the same sort of compensation and closure for you, too.
When Can Someone File a Wrongful Death Claim?
A person may file a wrongful death claim when the death of their loved one was the result of someone else’s negligence. If another person or party was careless, reckless, or acted wrongfully and your family member suffered fatal injuries as a result, you could be entitled to bring a claim and seek wrongful death damages. Another way to think about it is that if a personal injury claim would have been permitted had the victim survived, then a wrongful death claim is because they didn’t.
Common Causes of Wrongful Deaths
In both New York and New Jersey, wrongful death claims often arise from the following types of accidents and incidents:
- Bicycle accidents
- Bus accidents
- Car accidents
- Construction accidents
- Defective products
- Dog bites/attacks
- Medical malpractice
- Motorcycle accidents
- Pedestrian accidents
- Truck accidents
- Slips, trips, and falls
- Subway/mass transport accidents
- Unsafe property conditions
- Work-related accidents
Who Can File a Wrongful Death Claim?
Most wrongful death claims are filed by the personal representative (or executor) of the deceased person’s estate. The people who have legal permission to file a wrongful death claim vary from state to state, though. Before you dive into the process of filing a claim, you should speak with our attorneys to see if you have that option based on where you live and your relationship with the deceased.
Other than executors, the following people often have the ability to file a wrongful death claim:
- Adult dependent
What Does a Wrongful Death Settlement Cover?
Damages in a wrongful death claim might include:
- Medical expenses: All costs related to your loved one’s final medical treatments should be provided as a form of compensation.
- Funeral costs: You can be repaid a “reasonable” amount for funeral and burial expenses, usually up to around $10,000.
- Loss of household services: If your loved one managed day-to-day tasks around the house, like cleaning and lawn care, you can be provided compensation to hire others to complete those jobs for a time.
- Loss of companionship and support: The emptiness left behind in your life after losing your loved one can be more or less translated into a financial recovery.
- Loss of financial support and benefits: Your family can be provided a financial sum that is meant to reflect what your loved one likely would have made in life had they not been fatally injured by the defendant.
In both New York and New Jersey, wrongful death claimants cannot recover compensation for their own pain and suffering in relation to losing their loved one in a tragic or untimely way. There are also slight variations in the available compensation between the two states because each state is allowed to set its own rules. To get a full understanding of your case and what it might be worth, you should, again, leave everything up to our attorneys.
How Long Do You Have to File?
In both New York and New Jersey, you only have two years from the date of death to file a wrongful death claim. There are very few exceptions to this rule. In nearly all cases, failure to bring a claim within the designated two-year statute of limitations will result in your case being dismissed.
One example that the wrongful death lawyers at Simonson Hess Leibowitz & Goodman are aware of is the circumstance where a patient dies of cancer, and it is not until 18 months after the death that the family learns that a chest x-ray was misread, depriving their loved one of early treatment. The short deadline in New York & New Jersey wrongful death cases comes into play in this instance, and there are only six months left to bring a lawsuit.
Though you are facing a number of immense challenges—emotional, financial, and otherwise—it is important that you do not wait too long to speak to a wrongful death attorney about your legal rights and options. The sooner we can begin building your case, gathering evidence, and working with our team of accident reconstructionists and medical experts, the better your chances of a full recovery.
What If My Loved One is Partially at Fault?
What happens if your loved one was partially or mostly at fault for the accident that ended their life? Can you still file a wrongful death claim?
In New York, a pure comparative fault law allows you to file a wrongful death claim against any party that was at least 1% liable for your loved one’s death. In New Jersey, a modified comparative fault law allows you to file against any party that is more at fault for the fatal accident or illness than your loved one, as long as your loved one was not found to be 51% liable or greater.
Contact Simonson Goodman Platzer PC Today
To move your healing process forward, get in touch with our New York wrongful death lawyers. We will sit down with you and take the time to listen to your story, answer your questions, and address your concerns. We truly care about you and your family and are ready to do everything we can to obtain the justice you need to move forward.
We provide our legal services on a contingency fee basis, meaning you do not pay any out-of-pocket or upfront costs. Instead, we only collect attorneys’ fees if and when we recover compensation for you.