Speak to a New York City Wrongful Death Attorney for a Free Case Review
Nothing can fully prepare us for the unexpected loss of a loved one. When a person’s death is due to the negligence of another party — whether from a motor vehicle accident, medical malpractice, construction accident, or unsafe premises — you may be entitled to compensation for wrongful death. As an experienced wrongful death lawyer, the Law Offices of Kevin T. Grennan, PLLC are here for you during this difficult time.
Under New York law, you may bring a wrongful death action and seek compensation if you lost a loved one because of another person or party’s negligence:
Damages are distributed to those eligible to recover under intestate law, in proportion to their pecuniary loss, except that when there is a surviving spouse and parents, but no children (or grandchildren), the parents will also recover in proportion to their pecuniary loss. Pecuniary loss is defined by the New York Wrongful Death statute and cases interpreting the statute.
The damages from a wrongful death lawsuit cover medical costs, loss of household income, funeral and burial expenses, and other incidental expenses related to your loved one’s death.
When You Need A Long Island, NY Wrongful Death Attorney
After losing a loved one due to the negligence of another party, you have the right to recover compensation on behalf of the deceased person. A wrongful death attorney is a specialized type of personal injury lawyer who represents cases involving fatalities. Law firms that specialize in wrongful death may also specialize in motor vehicle accidents, medical malpractice, and other overlapping fields.
You should call a wrongful death attorney for a case evaluation if you believe a loved one died as the result of someone else’s negligence.
What does a wrongful death attorney do?
A wrongful death attorney will investigate your case, determine an appropriate level of financial compensation to ask for and represent you through legal proceedings to recover damages on your behalf. Your attorney will communicate with insurance companies, opposing counsel, and other parties involved with the case. Finally, given the complexities of wrongful death cases, a competent wrongful death attorney will also advise you of the challenges you may face, including proving liability and damages, and represent you in court if a fair settlement cannot be reached.
Law Offices of
Kevin T. Grennan
Long Island, NY Wrongful Death Attorney
Free Case Evaluation
Speak to a New York Wrongful Death Attorney for a Free Case Review
Nothing can fully prepare us for the unexpected loss of a loved one. When a person’s death is due to the negligence of another party — whether from a motor vehicle accident, medical malpractice, construction accident, or unsafe premises — you may be entitled to compensation for wrongful death. As an experienced wrongful death lawyer, the Law Offices of Kevin T. Grennan, PLLC are here for you during this difficult time.
Under New York law, you may bring a wrongful death action and seek compensation if you lost a loved one because of another person or party’s negligence:
Damages are distributed to those eligible to recover under intestate law, in proportion to their pecuniary loss, except that when there is a surviving spouse and parents, but no children (or grandchildren), the parents will also recover in proportion to their pecuniary loss. Pecuniary loss is defined by the New York Wrongful Death statute and cases interpreting the statute.
The damages from a wrongful death lawsuit cover medical costs, loss of household income, funeral and burial expenses, and other incidental expenses related to your loved one’s death.
When You Need A Long Island, NY Wrongful Death Attorney
After losing a loved one due to the negligence of another party, you have the right to recover compensation on behalf of the deceased person. A wrongful death attorney is a specialized type of personal injury lawyer who represents cases involving fatalities. Law firms that specialize in wrongful death may also specialize in motor vehicle accidents, medical malpractice, and other overlapping fields.
You should call a wrongful death attorney for a case evaluation if you believe a loved one died as the result of someone else’s negligence.
What does a wrongful death attorney do?
A wrongful death attorney will investigate your case, determine an appropriate level of financial compensation to ask for and represent you through legal proceedings to recover damages on your behalf. Your attorney will communicate with insurance companies, opposing counsel, and other parties involved with the case. Finally, given the complexities of wrongful death cases, a competent wrongful death attorney will also advise you of the challenges you may face, including proving liability and damages, and represent you in court if a fair settlement cannot be reached.
What is Wrongful Death?
A “wrongful death” claim is a statutory cause of action that may be brought on behalf of a surviving spouse, children, and parents of a decedent to compensate them for the losses they sustained as a result of the wrongful death of their family member. The “wrongful” act that resulted in death may have been intentional, reckless, or negligent, as long as it is of the character that would have permitted the decedent to maintain an action for injuries had death not resulted.
Wrongful death cases are tried in civil court, not criminal court, as the act may not be considered illegal. Personal injury lawyers who specialize in wrongful death frequently work in related fields, like motor vehicle accidents, premises liability, and medical malpractice.
Wrongful death claims require prompt legal attention; the statute of limitations for a wrongful death action in New York is typically just two (2) years from the date of death.
When pursuing a wrongful death case after a loved one’s death, it is highly recommended that you consult with an experienced wrongful death lawyer. Call the Law Offices of Kevin T. Grennan, PLLC, at (516) 745-5490 for your free consultation.
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How To File A New York City Wrongful Death Lawsuit
After the death of a loved one resulting from someone else’s negligence, you may be wondering if you have any recourse to recover the costs associated with this tragedy. You may feel that punitive damages could send a message to the defendant and prevent wrongful deaths from happening in the future. To pursue a wrongful death claim, we highly recommend working with a qualified wrongful death law firm that can help you navigate the legal process.
A successful wrongful death claim must establish liability, or who was at fault, as well as the costs or damages resulting from their actions or negligence. Any action — negligent or intentional — resulting in a fatality may result in a wrongful death, but proving liability often requires research into the specifics of the case and the standards of practice at the businesses involved. Proving damages is relatively straightforward once liability is established.
Under New York law, loved ones of the deceased have a legal right to pursue compensation. The process starts with talking to the experienced personal injury attorney at Grennan Law.
The Law Offices of Kevin T. Grennan, PLLC is unique among New York wrongful death law firms; in addition to pursuing full, fair compensation for our clients, we are proud of our reputation for clear, compassionate communication throughout the process. When you work with Grennan Law, you will work directly with Kevin Grennan. During the entire process, from our free consultation to claim resolution, we stand ready to answer your questions, provide guidance, and offer comfort during this difficult time.
How long does a wrongful death lawsuit take?
Bringing a successful wrongful death lawsuit is a process that may take months or even years. The amount of time can vary widely, depending on a variety of factors: establishing duty of care, establishing liability, proving cause of death, and even a backed-up court system. The Law Offices of Kevin T. Grennan, PLLCencourages family members to be patient with wrongful death lawsuits; while the settlement of verdict outcomes may be substantial, the process may take longer than with other types of cases.
Never take a settlement offer without discussing your case with an experienced wrongful death attorney. Accepting a quick settlement will permanently resolve your claim — often without considering major compensatory drivers, like loss of income, pain and suffering, and punitive damages.
Frequently Asked Questions
How do I file a wrongful death lawsuit?
After losing a loved one, surviving family members may wish to sue the responsible parties and recover compensation for medical expenses, funeral and burial costs, pain and suffering, and so forth. The process begins with speaking to a New York wrongful death lawyer to determine if you have a case. Your attorney can help determine the strength of your case and act as your personal representative throughout the process of bringing a wrongful death lawsuit.
In New York City, only the personal representative of the deceased’s estate is able to bring a wrongful death lawsuit; if the deceased person had not established an executor at the time of their passing, the New York State Court has the power to appoint someone to that role.
What is my wrongful death lawsuit worth?
While it is impossible to know the value of a wrongful death lawsuit without a full case evaluation, case outcomes often come down to a few common factors.
- The age of the deceased person at the time of their death
- The decedent’s wage, career, and future earning potential
- Loss of current financial support, including income and insurance benefits
- Loss of future financial support, including pensions or retirement benefits
- Funeral/burial costs
- Outstanding medical bills
- Egregious acts of negligence that could result in a punitive damage award
While your wrongful death claim value can only be determined through a settlement or verdict, an experienced wrongful death attorney will be able to help you understand your case’s potential.
Are wrongful death settlements taxable?
IRS Rule 1.104-1 establishes that wrongful death settlements and verdicts are not taxable, as these awards are not considered income. This also includes punitive damages, as per IRC Section 104(c). Speak with a New York wrongful death attorney to make sure these stipulations apply in your case.
For questions about wrongful death settlements, call the Law Offices of Kevin T. Grennan, PLLC to speak with a New York wrongful death attorney: (516) 745-5490.
What Is the statute of limitations on a wrongful death lawsuit in New York?
New York’s statute of limitations for wrongful death cases is typically two (2) years from the date of the death. In simple terms, this means that a loved one has just two years to file a wrongful death lawsuit within the New York state court system. This statute is in place to prevent an exceedingly long span of time between the person’s death and the wrongful death lawsuit filed on their behalf; the longer the span of time between these events, the harder it may be to gather evidence and successfully bring a case.
If you believe you have a viable wrongful death claim, time is of the essence. Call the Law Offices of Kevin T. Grennan, PLLC, to speak with a New York wrongful death attorney today: (516) 745-5490.
Who can bring a wrongful death lawsuit on behalf of the deceased person?
The state of New York permits spouses, children, parents, and/or siblings to bring suit against the responsible party after a wrongful death has occurred, with priority given in accordance with the following schedule:
- Spouse and no children
- Spouse and children ($50,000 plus half of the estate to the spouse, with the remainder divided equally between all children of the same generation.
- Children and no spouse (all proceeds to the children, divided equally amongst all members of the same generation)
- Parents and no spouse or children (surviving parent(s) receive all benefits)
- Parent’s children and no spouse, children, or parent (the brothers, sisters, and/or their children receive estate and financial awards)
Read more: Summary of State Wrongful Death and Intestacy Statutes
Who pays in a wrongful death lawsuit?
Wrongful death lawsuits may implicate a number of responsible parties. For example, this may include the driver responsible for the deadly crash, the doctor responsible for the medical negligence that led to the fatality, or the company responsible for testing and recalling dangerous products. While these defendants may bear responsibility for the fatal event, their insurance company often bears responsibility for the financial award, depending on the language of the insurance policies involved.
