New York City Wrongful Death Lawyer
Filing a wrongful death lawsuit in New York City can give your deceased loved one justice and your family closure. Holding one or more parties accountable for the fatal incident that took your loved one’s life can be important in many ways – not just for financial compensation, but for your family’s future.
If you believe you have a potential wrongful death lawsuit, contact a compassionate New York City wrongful death lawyer at Torgan Cooper + Aaron for assistance with the legal process. We can represent your family in the fight for justice. Although we cannot take back what happened, we hope we can provide greater peace of mind by giving your family what it needs during this difficult time.
Why Trust Torgan Cooper + Aaron With Your Wrongful Death Claim?
- We use a quality over quantity approach, limiting our caseload so that we have time for each client.
- We use creative legal strategies to achieve some of the greatest results in the industry.
- Our courtroom history presents us as strong litigators that insurance companies respect.
- We can go up against any defendant, including corporations that put profits over the safety of the people.
- Our New York City wrongful death attorneys offer free initial case reviews.
How Can a New York City Wrongful Death Lawyer Help?
Losing someone close to you in a tragic accident is something no one ever expects to happen to them. If you find yourself in this devastating situation, we extend our sincerest condolences. Our New York City personal injury lawyers know what it is to lose a loved one, and that it is one of the worst things that can happen. We also know that it can be especially difficult to reconcile the loss if you believe that someone else is to blame.
At Torgan Cooper + Aaron, we hope to help your family with the complicated legal aspects of a wrongful death lawsuit so that you can focus on mourning, grieving and healing. Your wrongful death attorney can investigate the fatal accident, gather any available evidence of fault, work with qualified experts, submit confusing legal paperwork and handle other aspects of your case for you. A lawyer will make the entire legal process more efficient and productive.
What Is Wrongful Death in New York?
New York State law defines wrongful death as a death caused by someone else’s neglect, wrongful act or default, of the kind that the deceased individual could have filed a personal injury lawsuit had he or she survived. Most wrongful death lawsuits are brought on the basis of negligence. This is a legal doctrine that describes a level of carelessness that a reasonable and prudent party would not have used in the same circumstances.
Negligence in a wrongful death claim is made up of three main elements:
- A duty of care was owed. This refers to a requirement to use a reasonable degree of care and prudence based on the situation.
- A duty of care was breached. A breach can refer to any act or omission that falls short of the accepted level of care.
- The breach of duty caused the fatal injury. There must be evidence that the deceased person’s fatal injury would not have happened were it not for the defendant’s breach of duty.
If someone is negligent and this causes someone else a fatal injury, the negligent party may be held legally responsible (liable). During a wrongful death lawsuit in New York, you or your NYC wrongful death lawyer will need to prove negligence based on a preponderance of the evidence. This is clear evidence that convinces a judge or jury that the defendant is more likely than not responsible for the death.
Types of NYC Wrongful Death Claims We Handle
Any accident that could cause an injury can cause wrongful death. There are many dangerous circumstances that can inflict critical injuries on unsuspecting victims. Some of the most common causes of wrongful death in New York City are:
- Car accidents
- Bicycle accidents
- Pedestrian accidents
- Medical malpractice
- Criminal activity
- Assaults and acts of violence
- Falls and other premises accidents
- Swimming pool accidents
- Construction accidents
- Exposure to hazardous substances, such as asbestos
- Defective products
- Nursing home abuse or neglect
If your loved one passed away in any of these circumstances, your family may have grounds for a wrongful death claim. At Torgan Cooper + Aaron, we have been practicing law in New York since 1987. Our wrongful death attorneys in NYC have experience with all of these case types and more.
Who Can File a Wrongful Death Claim in New York?
Unlike other states, family members are not allowed to file wrongful death claims themselves in New York. Instead, state law requires that the personal representative of the deceased person’s estate files the claim. The personal representative, also called the executor, is someone that your loved one may have named in a will.
Due to the unexpected nature of most accidents that result in wrongful death, however, decedents often do not have the chance to assign an executor or make a will. In this case, the courts can assign a personal representative to stand in court on behalf of surviving family members and beneficiaries.
Compensation for Wrongful Death in New York
The term “damages” in a wrongful death case refers to the losses that you and your family can claim on your lawsuit. If your New York City wrongful death lawyer succeeds in obtaining your family financial compensation for wrongful death, you may receive a settlement or verdict for the following damages:
- Medical expenses connected to the final injury
- Reasonable funeral and burial costs
- The decedent’s lost wages and future earnings or contributions
- Lost inheritance
- The value of the decedent’s care and guidance to surviving children
- Any pain and suffering the decedent experienced prior to death
New York is different from many other states in that it does not allow a family to seek financial compensation for its own pain and suffering or mental anguish. If you have questions about how much your claim might be worth, our wrongful death attorneys can provide an in-depth case review.
Speak to a Wrongful Death Attorney in New York City Today
At Torgan Cooper + Aaron, we are committed to pursuing justice on behalf of those wronged by the negligence of others. We are proud of the work we perform for families and individuals. If you have reason to believe that one or more parties contributed to your loved one’s recent passing, please contact us to request a free case consultation with our experienced wrongful death lawyers in NYC. We accept clients in all five boroughs of New York City. Call our local law office at (212) 232-2500 today.