A wrongful death claim is a legal means to seek justice for a deceased loved one and pursue compensation for your family’s losses. If you have lost a family member through someone else’s negligence, contact The Law Offices of Jay S. Knispel, LLC today. Our experienced New York personal injury lawyers can assist you in a wrongful death claim for compensation in Brooklyn, The Bronx, and everywhere throughout NYC .
Wrongful death is the death of a human being caused by the wrongful act or omission of another. The term denotes a civil action in which damages are sought against the party responsible for causing death. A wrongful death claim can only be brought in cases where the deceased person would have had a personal injury claim for compensation had he or she lived.
In the state of New York, the personal representative of the decedent’s estate is responsible for filing a wrongful death claim. A surviving family member may not bring a claim to court unless he or she is also the personal representative.
However, the personal representative is seeking damages for losses suffered by the heirs, beneficiaries, and devisees of the deceased person, in addition to losses suffered by the estate of the deceased. When damages are awarded, the personal representative holds those damages in trust for the surviving family members who benefit from the claim.
Damages depend on the specific facts surrounding a particular case. New York courts have awarded damages in wrongful death claims for:
A wrongful death claim can arise when the death of a person is caused by the negligence or wrongdoing of another. Common causes include:
The loss of a loved one can be devastating for family members. The sooner you retain a wrongful death attorney, the better. We can investigate your loved one’s death to determine cause and liability and obtain and secure evidence. We can deal with insurance companies, or the other side, on your behalf and handle every aspect of your claim, so you can grieve for your loved one undisturbed.
A wrongful death claim allows you to hold responsible parties accountable and pursue compensation for your family’s future. If you have lost someone you love due to negligence, contact The Law Offices of Jay S. Knispel, LLC as soon as possible to schedule a consultation. We are proud to serve all areas of New York, from Brooklyn to Staten Island.