Long Island Wrongful Death Lawyer
Car accidents are preventable. They happen most often because a driver was distracted or not paying enough attention to the road, but they also occur when drivers speed, drive recklessly or drive while intoxicated. Cars are potentially lethal machines, and there’s no excuse not to drive with care and attention when you’re in charge of one ton-plus piece of machinery traveling on public roads.
When a negligent driver hurts someone on the road, the victim can recover personal injury damages for medical bills, lost wages, and pain and suffering. What happens if the crash is fatal to the victim? New York law allows grieving family members to bring a wrongful death claim against the at-fault driver. A wrongful death claim can provide much-needed financial assistance to help with the immediate and long-term costs that losing a loved one inflicts on a family. It can also help family members feel that some measure of justice has been served in the case by making the responsible party pay for the harm done by taking a life through negligent and irresponsible behavior.
Giuffré Law Offices helps family members pursue wrongful death claims after fatal auto accidents and other matters in Nassau County, across Long Island and throughout New York City. Let our Long Island wrongful death lawyers help your family by pursuing a wrongful death claim on your behalf while you work on processing your emotions and putting your life back together after a needless tragedy has torn it apart.
Facts about wrongful death in New York
New York’s wrongful death law allows a surviving spouse, child, parent or dependent of the deceased to file a wrongful death lawsuit whenever someone’s complete or partial negligence or intentional wrongdoing is to blame in causing a death. Damages recoverable for wrongful death include:
- Medical expenses which resulted from the accident
- Funeral and burial expenses
- The value of the loss of household services the deceased would have provided
- The loss of income the deceased would have earned for the family
- The loss of health care and other benefits the family received through the deceased
- For a child who loses a parent, the loss of parental guidance and training
Unlike some other states, New York does not allow for any compensation for the emotional pain and suffering experienced by surviving family members. Instead, the focus is limited to compensation for the economic losses and financial hardships the wrongful death imposes. However, the negligent actor can be forced to pay for any conscious pain and suffering the victim experienced, including money damages for the pre-impact terror felt when someone realizes a severe crash is about to occur. These damages can further help the family make up for the loss they feel while also holding the responsible party more fully accountable, not just to the surviving family, but to the deceased as well. As an experienced Nassau County personal injury attorney, John Giuffré and the team at Giuffré Law Offices can help build a case for these complex damages in applicable cases.
Time limits to pursue a wrongful death claim
The statute of limitations (timeframe within which you can bring a lawsuit) in wrongful death cases is two years from the date of the death, significantly less than the three years allotted in personal injury matters. Although two years might seem like a long time, it can pass quickly while grieving family members are consumed with putting their lives back in order and going through the process of probate or settling an estate. The wrongful death claim is an extremely important matter that should not be put aside and forgotten about. It’s best to contact a New York personal injury and wrongful death attorney as soon as possible after the death. Your lawyer can make sure the applicable statute of limitations is not missed and also get to work immediately gathering evidence and building a case to help ensure the success of your claim. It might be a tough time to think about a lawsuit, but securing the wrongful death claim early is critical and something you and your family will appreciate down the road.
Giuffré Law Offices is Here for You in Long Island & New York Wrongful Death Matters
For help after a wrongful death in Nassau County, Long Island or New York City, call Giuffré Law Offices at our offices in Garden City, Bayside (Queens) or Brooklyn. We’re here for you during this trying time, and we’ll do our part to make sure you are treated well and taken care of.
