Freeport Wrongful Death Lawyer
Losing a loved one is never easy. It’s a terrible thing to experience. Additionally, there’s something excruciating and traumatic about losing someone because of a preventable accident or incident. Wrongful death claims result from someone else’s reckless, careless, and even malicious actions that could have been prevented if the party responsible had simply upheld their duty of care.
At the Law Office of Cohen & Jaffe, LLP our Freeport injury attorneys have helped hundreds of families navigate the wrongful death process so they can find justice for their deceased loved ones. We know how challenging these claims are not just personally and emotionally but legally, and we go above and beyond to ensure that our clients have the top-quality legal representation they need to obtain fair compensation. Protect your right to fair compensation today by contacting the Law Office of Cohen & Jaffe, LLP today.
What Is Considered Wrongful Death in New York?
Under New York law, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another party. Wrongful death claims can arise from a wide range of circumstances, including:
- Medical malpractice: When a healthcare professional’s negligence causes a patient’s death
- Motor vehicle accidents: When a driver’s negligence or recklessness leads to a fatal crash
- Workplace accidents: When an employer’s failure to provide a safe working environment results in a fatal accident
- Defective products: When a faulty or dangerous product causes someone’s death.
- Intentional acts: When a person intentionally causes the death of another person, such as in cases of homicide
It’s important to note that a wrongful death claim is a civil claim, which means that it is brought by the decedent’s family or personal representative and seeks compensation for the damages suffered due to the wrongful death. Wrongful death claims are distinct from criminal cases brought by the government and seek to punish the person responsible for the death.
What Has to Be Proven in a Wrongful Death Claim?
To successfully prove a wrongful death claim in New York, the following elements must typically be proven:
- Duty of Care: The defendant (the party responsible) owed a duty of care to the deceased person
- Breach of Duty: The defendant breached their duty of care by acting negligently or by failing to act when they had a duty to do so
- Causation: The defendant’s breach of duty caused the deceased person’s death
- Damages: The deceased person’s death resulted in damages, such as medical expenses, funeral costs, and loss of financial support
Additionally, it is important to establish that the person bringing the claim has standing to sue, which means they have the legal right to file the claim. In New York, the following people can file a wrongful death claim:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents (if the decedent was a minor)
- The decedent’s personal representative (if appointed)
- Any person entitled to inherit from the decedent under New York’s laws of intestacy.
If the decedent did not have a spouse, children, or parents, then the personal representative of the decedent’s estate can file the wrongful death claim. Wrongful death claims can be complex, and the evidence required to prove them will depend on the specific circumstances of the case. It’s important to consult with an experienced attorney to understand your legal options and ensure your rights are protected.
What Determines the Value of a Wrongful Death Claim?
In New York, the value of a wrongful death case is determined by several factors, including:
- The economic losses suffered by the surviving family members, such as the financial contributions the deceased would have made to the family if they were alive
- The non-economic losses suffered by the surviving family members, such as the pain and suffering caused by the death of their loved one
- The circumstances surrounding the death, including the degree of negligence or wrongdoing involved
- The age, health, and earning capacity of the deceased
- The financial resources of the defendant(s) who caused the death
- The availability of insurance coverage for the defendant(s)
- The strength of the evidence in support of the plaintiff’s case
All of these factors will be considered in determining the damages that may be awarded in a wrongful death case in Freeport. However, it’s important to note that there is no one-size-fits-all formula for determining the value of a wrongful death case, as each case is unique and will be evaluated on its own merits.
How Can a Freeport Wrongful Death Lawyer Help Your Claim?
After a loss, it can be difficult to know where to turn next. Mourning, understandably, makes it hard to concentrate on anything else. However, it’s important to file a wrongful death claim as soon as possible to protect your right to pursue legal action against the party responsible for your loved one’s death. Contacting a wrongful death attorney ensures that you have someone with a clear head and determined to hold the responsible party accountable to take on your case on your behalf. A wrongful death lawyer can help in several ways:
Investigation
A wrongful death lawyer can conduct a thorough investigation into the circumstances surrounding the death of your loved one. They can gather evidence, interview witnesses, and consult with experts to determine who was at fault and the extent of the damages.
Legal Representation
A wrongful death lawyer can represent you in negotiations and court, advocating for your interests and protecting your legal rights.
Knowledge of the Law
A wrongful death attorney deeply understands the legal principles and procedures that apply to wrongful death cases in Freeport. They can help you navigate the legal system and ensure you meet all the requirements for pursuing a claim.
Experience With Insurance Companies
A wrongful death lawyer is experienced in dealing with insurance companies and can help you negotiate a fair settlement that covers all your losses. If an insurance company fails to present an adequate settlement, they can prepare your case for court.
Valuation of Damages
A wrongful death lawyer can help you determine the value of your damages, including economic and non-economic losses, and help you seek fair compensation. They can ensure that you obtain fair settlements and verdicts.
Reach a Freeport Wrongful Death Attorney at the Law Office of Cohen & Jaffe, LLP
When we lose someone, it’s felt in every corner of our lives. No amount of money or justice can ever truly make up for the loss you’ve suffered. However, at the Law Office of Cohen & Jaffe, LLP, we are determined to help our clients secure the compensation they deserve and need to give them at least one less thing to worry about. The financial strain that results from your loved one’s death can be hard to manage, but we aggressively pursue maximum compensation for our clients, so they can focus on what matters most.
Our Freeport wrongful death attorneys at the Law Office of Cohen & Jaffe, LLP can provide you with the support, guidance, and legal expertise you need to pursue justice and obtain the compensation you deserve after the wrongful death of a loved one. Contact our firm today at 866-878-6774 or complete our contact form. You can also subscribe to our Law Office of Cohen & Jaffe, LLP YouTube Channel to stay up today on any laws that may impact your wrongful death case.
