The staff is congenial and helpful. Nicole Copertino is very understanding and answered any questions I had. She met all my expectations. My experience with the firm is excellent! Thank you for your services.
boydpa
a month ago
The emotional pain can be incomprehensible when a loved one is lost in a tragic incident. The death of a family member or close friend can send shockwaves throughout your life, fundamentally altering your emotional landscape and shifting your everyday reality. While no amount of money can bring back a lost loved one, legal […]
Drunk Driving Wrongful Death Lawsuits
The emotional pain can be incomprehensible when a loved one is lost in a tragic incident. The death of a family member or close friend can send shockwaves throughout your life, fundamentally altering your emotional landscape and shifting your everyday reality. While no amount of money can bring back a lost loved one, legal recourse is sometimes the only pathway to seek justice and financial security for the surviving family members. A wrongful death lawsuit is one such mechanism for obtaining this form of justice. In New York, if your loved one has been tragically killed due to the reckless actions of a drunk driver, you may have the right to file a wrongful death action against the responsible party.
New York has strict laws concerning drunk driving, primarily governed by the New York Vehicle and Traffic Law. According to this law, it is illegal for a person to operate a motor vehicle if they have a blood alcohol concentration (BAC) of 0.08% or higher. When an individual disregards these rules and drives while intoxicated, resulting in the death of another, they have not only committed a criminal offense but have also opened themselves up to civil liability. Wrongful death actions in New York are usually filed by the personal representative of the deceased person’s estate, acting on behalf of the surviving family members who have suffered financial and emotional losses due to the death.
To initiate a wrongful death action in New York, certain legal requirements must be met. Firstly, it must be demonstrated that the defendant’s negligent or wrongful act caused the death of the victim. Proving causation is a crucial element and often requires substantial evidence like police reports, witness testimonies, and expert opinions. Secondly, it must be established that the deceased person has surviving beneficiaries or dependents who have incurred tangible losses due to the untimely death. These losses can be in the form of lost income, medical expenses, funeral costs, and emotional suffering. Importantly, New York State law provides a specific timeframe, known as the statute of limitations, within which a wrongful death lawsuit must be filed. Generally, the personal representative has two years from the date of the deceased person’s death to initiate the legal action. Failure to adhere to this timeline can result in the forfeiture of the right to claim damages.
Once you have decided to pursue a wrongful death action against a drunk driver, assembling a strong legal team is of the utmost importance. Your attorney will guide you through intricate legal procedures, from filing the initial complaint to presenting your case in court, if necessary. Legal professionals with experience in wrongful death cases will have the expertise to scrutinize all available evidence and consult with field experts to establish the defendant’s liability. They will also negotiate with insurance companies, who often try to minimize their financial responsibility in such situations. Moreover, skilled lawyers can assess the full spectrum of your losses, ensuring that the compensation sought adequately reflects the devastating impact of your loved one’s death.
Financial compensation in wrongful death actions can be broadly categorized into economic and non-economic damages. Economic damages aim to compensate for the actual monetary losses sustained by the surviving family members. This includes, but is not limited to, lost income that the deceased would have provided, medical expenses incurred prior to death, and funeral costs. Non-economic damages, on the other hand, are meant to offer compensation for intangible losses such as emotional suffering, loss of companionship, and mental anguish. While New York law generally does not permit the recovery of damages for grief or bereavement, each case is unique and requires a thorough examination to determine the types of compensation that may be available.
Losing a loved one to the reckless actions of a drunk driver is a life-altering tragedy that brings not just emotional devastation but also significant financial difficulties. In such challenging times, the law in New York provides a pathway for grieving families to seek justice through a wrongful death action. By fulfilling specific legal criteria and armed with a robust legal team, the surviving family members can fight for the justice their loved one deserves while securing financial stability. While a legal victory won’t fill the void left by the deceased, it can bring a sense of justice and closure, enabling the family to navigate the complicated process of healing and readjustment.
Navigating the complex landscape of wrongful death litigation requires more than just legal know-how; it demands a level of dedication, empathy, and skill that only a few law firms can genuinely offer. Parker Waichman LLP has earned its reputation as a top-rated wrongful death law firm for several reasons, each of which contributes to its overarching commitment to justice for its clients. Below are some key factors that set this law firm apart from the competition.
Legal cases involving wrongful death are intricate, involving multiple aspects such as criminal law, insurance policies, and civil liabilities. The lawyers at Parker Waichman LLP bring a level of experience that can only be achieved through decades of focused practice. Their legal team is up-to-date with the most current laws, court decisions, and procedural rules, ensuring that clients receive the best possible legal representation.
Parker Waichman LLP prioritizes the needs of its clients above all else. From the moment a client walks through the doors, they can expect to be treated with the utmost respect and empathy. The firm understands the emotional toll that losing a loved one takes on a family and is committed to alleviating as much stress as possible during the legal process. The client’s comfort, both emotional and financial, is a cornerstone of the firm’s approach to legal representation.
Before moving forward with any legal action, the attorneys at Parker Waichman LLP provide a comprehensive case evaluation. This evaluation covers every aspect of the case, from liability and damages to possible settlement options and courtroom strategies. Such a thorough initial assessment ensures that evidence, expert witnesses, and a well-structured legal argument back each wrongful death case.
The legal process can often be a daunting and confusing endeavor. Parker Waichman LLP distinguishes itself by maintaining transparent communication with its clients. Regular updates, easy accessibility to attorneys, and straightforward explanations of legal terms and procedures are just some of the ways the firm ensures clients are kept in the loop at all times.
One of the most compelling reasons to consider Parker Waichman LLP as a top-rated wrongful death law firm is its proven track record of success. The firm has won numerous high-profile cases, and its lawyers are often cited in legal journals and news outlets for their accomplishments. Past victories not only demonstrate the firm’s expertise but also serve as a testament to their dedication to achieving justice for families grieving the loss of a loved one.
Lastly, Parker Waichman LLP is committed to ensuring that high-quality legal services are accessible to everyone, regardless of their financial situation. The firm often works on a contingency basis, which means that they do not charge any fees unless they win the case. This financial arrangement allows clients to seek top-tier legal representation without the worry of mounting legal costs.
Parker Waichman LLP’s blend of legal expertise, client-focused service, transparency, and a proven track record makes it a top choice for those seeking representation in wrongful death cases. With their comprehensive approach to each case and their dedication to achieving the best possible outcome for their clients, it’s no wonder they are considered a top-rated wrongful death law firm.
Parker Waichman LLP helps families recover monetary compensation for harm caused by dangerous drivers. For your free consultation, contact our law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).