New York Wrongful Death
Have
you or your family suffered the tragic
and senseless death of another because
of someone else’s negligence?
Every day, wrongful death cases are filed as a result of car accidents, bicycle or pedestrian accidents, workplace forklift accidents, medical malpractice, truck and motorcycle accidents. At David Resnick & Associates, PC, we serve victim’s families in Manhattan, Queens, Staten Island, Brooklyn, the Bronx and all of New York City, and we want to make sure that your family is fairly compensated for the loss of a loved one.
It is hard to think about investigating
the circumstances that lead to a
wrongful death when you are grieving,
but it is critical. A prompt
investigation will help preserve
evidence, which may in turn determine
how and why the incident occurred, and
identify the persons legally responsible
for the incident. Let David Resnick &
Associates, PC take care of this
important matter for your family. Our
firm will pursue a wrongful death
action, and fight for your right to have
increased financial security for you and
your children for years to come.
The legal term “wrongful death” includes
the claims of husbands, wives, children,
parents, brothers, sisters and
financially dependent children [whether
or not formally adopted] when
negligence, reckless or intentional
misconduct has caused the death of a
family member. Wrongful death claims
include every type of accidental death,
no matter the specific cause.
In wrongful death cases, negligence must be proven. There are four critical components that must exist in every claim:
1. The defendant had a duty to the
deceased, 2. The defendant failed in
that duty (breach of duty), 3. That the
fatality was caused by the defendant’s
breach of duty, and 4. That the
survivors are entitled to damages as a
result of the loss of their loved one.
Surviving family members can be
compensated for medical expenses, loss
of income, funeral expenses and other
out-of pocket costs. Survivors also have
wrongful death legal rights to receive
compensation for non-economic losses
such as the loss of consortium, and
emotional pain and suffering.
Today, spouses, children, and other kin have the legal right to seek compensation by filing a wrongful death lawsuit. Through a wrongful death lawsuit, survivors can seek compensation. All wrongful death laws have what is called a statute of limitations which limits the time that survivors can exercise their wrongful death legal rights. Every state has a different statute of limitations which can range anywhere from a few months to a few years. In most cases a statute of limitations begins when the person dies.
The statute of limitations for a wrongful death claim is shorter than that of a personal injury claim. To protect your legal rights and interests, it is wise to speak with a qualified attorney as soon as possible.
If you have lost a loved one due to
another’s misconduct or carelessness,
contact David Resnick & Associates, PC.
Our attorneys will help you fight for
your loved one’s rights, and also
protect your rights from insurance
companies, whose first consideration is
to decrease their liability in wrongful
death claims. We have worked with
many wrongful death families throughout
New York, including
Manhattan,
Queens,
Staten Island,
Brooklyn, and the
Bronx, and we understand New York’s
laws surrounding these claims.
We want to make sure you will be
treated fairly. Protect yourself and
your loved ones by calling for a free
and confidential consultation. There is
no obligation, so please call our office
at 212-279-2000 to set up an appointment
to discuss your case.
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