Wrongful Death – Braude Law

Experienced, Proven Wrongful Death New York Attorneys

Has Your Loved One Died Out of Negligence? Talk to a Legal Expert About Compensation

Braude Law Wrongful Death Attorneys

We are here to help you get compensated for your injuries

Wrongful Death in New York

Death is a horrible and profound event. When a loved one unexpectedly dies because of someone’s negligence, it is even harder for their loved ones. If your loved one was killed due to someone’s fault, you deserve compensation.

While the money can never be a replacement for them, it can the grieving period easier to navigate.

You Deserve Compensation.

The law in a wrongful death case in New York is multilayered, and you should speak to experienced wrongful death attorneys to help you build a solid case against all negligent parties.

Contact the compassionate New York wrongful death attorneys at Braude Law so that we can assist you during this very difficult time.

Definition of Wrongful Death

New York laws define wrongful death as a death caused by neglect or a wrongful act, and that which the surviving loved ones must prove that the deceased could have filed a personal injury claim if they had survived. Unlike other personal injury lawsuits in which the wronged party files a claim, in this case, another party has to file a lawsuit on behalf of the deceased.

Types of Wrongful Death That We Look Into

We handle all wrongful death cases, including those involving:

Pedestrian Accidents
Bicycle Accidents
Bus Accidents
Car Accidents
Truck Accidents

Uber accidents
Dog bites
Intentional acts eg Crime
Slip and fall accidents
Motorcycle Accidents

Slip and fall accidents
Medical malpractice
Construction accidents
Workplace accidents, and more.

Determining Liability for Wrongful Death

To prove the liability of the defendant in a wrongful death claim, you will need to present evidence that the defending party owed the deceased a duty of care, which was breached, resulting in their untimely death.

You will need to present factual statements about the nature of the incident, and an expert view of what a careful person would have done if they were the defendant.

What If My Loved One Is Blamed For The Accident That Killed Them?

New York uses the comparative negligence formula to determine liability. If your deceased loved one partly contributed to their accident, your damages will be reduced by the percentage of their fault.

Steps to Take After Wrongful Death

COPY OF DEATH CERTIFICATE

01.

You can acquire the death certificate at the Department of Health. You must have this to continue any further, as it is what proves the death of your loved one.

CONTACT AN ATTORNEY

02.

An experienced wrongful death attorney will advise on the strength of your case, and appropriate timelines, help you collect evidence, as well as represent you in court.

COLLECT EVIDENCE

03.

If you can, take pictures of the scenes, collect security footage, get copies of police reports collect medical records, and save recei pts and witness statements.

decide who to sue

04.

When multiple parties are involved in the incident, it might not be clear who to sue. If multiple deaths occurred e.g in a bus accident, a class-action suit might be more appropriate. Having an experienced attorney is important when navigating the situation.

Communicate with the defendant

05.

Once you file a lawsuit, most defendants will try to do an out-of-court settlement before the case goes to trial. If the defendant offers you a fair settlement, talk to your attorney for advice on whether to accept it or go ahead to trial.

How Long Do You Have to File a Wrongful Death Claim?

A wrongful death lawsuit in New York must be filed within a specific time period from the day of demise, with some exceptions. This is the statute of limitations as stated in the law. If you do not file a lawsuit within this time period, the court will refuse to hear your case. Our experienced wrongful lawyers will advise on timelines and help you file the case. Wrongful death cases can be complicated, and the law is likely to change at any time, so time is of the essence. Delay in filing a lawsuit only makes it difficult to win your case. Speak to us today.

What Type of Compensation Can I Recover?

In a successful wrongful death case, “damages” are awarded to the deceased person’s survivors or estate to compensate them for the death. The amount and types of damages awarded will depend on the circumstances of each particular case. These could include

Funeral and burial expenses
Reasonable health care expenses related to the deceased’s final injury or illness
Lost financial support previously coming from the deceased
Lost value of parental care, nurture, and guidance to surviving children
Lost wages of the family member representing the deceased.
Survivors’ lost inheritance
Conscious pain and suffering endured by the deceased
Interest on the damages award, calculated from the date of death.
Punitive damages

New York laws however do not allow for surviving members of the deceased to claim their own damages for mental anguish, pain & suffering, or loss of companionship.

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We do not charge you anything until you get compensated.

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