Wrongful Death Attorneys In Long Island
Wrongful death cases involve claims in which someone’s death was allegedly caused by another party’s negligence or wrongdoing. New York, as well as every other state in the country, has state statutes governing wrongful death lawsuits.
Parker Waichman LLP, a personal injury law firm with headquarters on Long Island, New York, has decades of experience representing clients in wrongful death claims. Our firm offers free, no-obligation legal consultations. Contact one of our attorneys today with any questions about filing a wrongful death lawsuit. We work on a contingency fee; in other words, you do not pay lawyers’ fees unless we win your case.
What is a “Wrongful Death” Claim in New York?
When someone is legally at-fault for a person’s death, a wrongful death lawsuit may be filed. Wrongful death claims include all types of fatal accidents and injuries. Car accidents, defective products, or nursing home abuse and neglect cases can all lead to a wrongful death claim, for example. Suing for wrongful death can recover damages for surviving family members. In a wrongful death case, the person who died is referred to as the “decedent”.
How do you file a wrongful death claim in New York? Under New York Estates, Powers, and Trusts Code Part 4, a plaintiff in a wrongful death lawsuit is required to prove five elements as follows. The plaintiff must show that a death occurred and that this death resulted from the wrongful conduct of the defendant. For the claim to be valid, the decent would have been able to file a lawsuit themselves had the death not occurred. The suit must also show that there are surviving family members who suffered loss due to the death. Lastly, the plaintiff must prove that there are damages the estate can recover.
Examples of Wrongful Death Claims
Wrongful death claims can be filed over any fatal injury or illness caused by the wrongful conduct of another party. For example, a claim may be filed if someone died due to the negligent conduct of another driver. Wrongful death claims can also stem from product liability lawsuits, including fatalities from allegedly defective consumer products, drugs, or medical devices.
For example, a drug causes a life-threatening side effect in some patients. The manufacturer knew or should have known about this side effect, but patients and physicians were never informed of these risks. A patient takes the drug and dies of the side effect. A wrongful death claim may be filed on their behalf, alleging that the death could have been avoided if the manufacturer warned about the risks.
In another example, a construction worker in Long Island dies from a fatal injury at work because their employer failed to follow safety regulations. The representative can file a wrongful death claim on behalf of their surviving family members. Note that in the state of New York, there are special laws in place to ensure the safety of construction employees.
Who Can File a Wrongful Death Lawsuit?
In New York, a wrongful death claim must be filed by the personal representative of the decedent’s estate. A family member cannot file a wrongful death claim in New York unless they also happen to be the personal representative of the estate. This rule differs from laws in many other states.
Regardless, a wrongful death lawsuit in New York can seek damages on behalf of surviving family members, such as heirs and beneficiaries. The suit also seeks damages suffered by the decedent’s estate.
If damages are awarded in a New York wrongful death lawsuit, the personal representative essentially holds the compensation in trust for the surviving family members.
A statute of limitations is the amount of time allotted for you to file a certain type of lawsuit. If you try to file after this period, your claim will be barred. In New York, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death.
What if the personal representative of the decedent’s estate is a child or legally unable to file the claim? The two-year statute of limitations still applies; it does not get “tolled” or stopped in New York, even if the representative is a child. In this situation, the guardian can file the claim on their behalf.
Damages in a Wrongful Death Lawsuit
“Damages” refer to compensation awarded for certain losses. In a New York or Long Island wrongful death case, damages can include things such as funeral and burial expenses. The suit can also seek damages for medical expenses related to the decedent’s death, including hospital stays, medication, at-home nursing care, and end-of-life care. A wrongful death claim can also recover lost wages between the decedent’s final injury or illness and death.
Other damages in a wrongful death claim include: support and services provided to family members, parental nurturing provided to surviving children, lost inheritance, and nine percent interest on damages award starting from date of death.
Although the loss of a loved one is emotionally distressing for surviving family members, New York does not award damages for pain and suffering or mental anguish of the surviving family members. However, the state does award damages for pain and suffering endured by the decedent due to their fatal injury or illness.
The Long Island personal injury attorneys at Parker Waichman understand that losing a loved one is extremely difficult. Our lawyers are compassionate people dedicated to fighting for the rights of injured victims. If you or someone you know has any questions about filing a claim, contact one of our lawyers today.
Filing a Long Island Wrongful Death Lawsuit
If you or someone you know is interested in filing a Long Island wrongful death claim, contact one of our Long Island personal injury attorneys today. Parker Waichman offers free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).
How Do I Get My Police Report?
Within hours of an arrest or accident, a police report is generated by the investigating officer who inputs the case information. If the case is ongoing, it may be difficult to obtain the report or you may only be able to get the “public portion” until the case has wrapped up and any charges have been filed. After the police investigation has concluded, your attorney will have access to the full police report and you can ask them for a copy. The only other way to obtain a copy of a police report is to go to your local government website and request a report by filling out a form and either submitting it electronically, via mail, or in person depending on the instructions listed on your local government’s website. There may be a fee associated with requesting a copy of a police report and it may take several days after the incident for the report to be available.
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Nassau County Auxiliary Police (516) 679-5810
2708 Pettit Avenue, Bellmore, NY 11710 East Rockaway Police Department (516) 887-6319
6 James St S, East Rockaway, NY 11518 Nassau County Police Department (516) 573-4450
376 Atlantic Avenue, East Rockaway, NY 11518 Freeport Police Department (516) 378-0700
40 N Ocean Avenue, Freeport, NY 11520 Nassau County Police Department (516) 573-6500
1655 Dutch Broadway, Elmont, NY 11003 Floral Park Police Department (516) 326-6400
1 Floral Boulevard, Floral Park, NY 11001 Garden City Police Department (516) 465-4100
349 Stewart Avenue, Garden City, NY 11530 Glen Cove Police Department (516) 676-1000
1 Bridge St, Glen Cove, NY 11542 Great Neck Estates Police Department (516) 487-7700
1 Cedar Drive Great Neck, NY 11021 Kensington Police Department (516) 482-0480
1 Beverly Road #A Great Neck, NY 11021 Lake Success Police Department (516) 482-4600
318 Lakeville Road, Great Neck, NY 11021 Hempstead Police Department (516) 483-6200
99 Games A. Garner Way, Hempstead, NY 11550 Nassau County Police Department (516) 573-6400
1699 Broadway, Hewlett, NY 11557 Village of Kings Point Police Department (516) 482-1000
32 Stepping Stone Ln, Kings Point, NY 11024 Nassau County Police Department (516) 573-6800
286 N Wantagh Avenue, Bethpage, NY 11714 Long Beach Auxiliary Police (516) 431-6868
859 E Park Avenue, Long Beach, NY 11561 Long Beach Police Department (516) 431-1800
1 W Chester St, Long Beach, NY 11561 Lynbrook Police Headquarters (516) 599-3300
1 Columbus Drive, Lynbrook, NY 11563 Malverne Police Department (516) 599-3141
1 Britton Circle, Malverne, NY 11565 Mineola Auxiliary Police (516) 746-2448
300 Garfield Avenue, Mineola, NY 11501 Nassau County Police Department (516) 573-7000
1490 Franklin Avenue, Mineola, NY 11501 Old Brookville Police Department (516) 626-1300
5701 Northern Boulevard, Old Brookville, NY 11545 Old Westbury Police Department (516) 626-0200
1 Store Hill Road A, Old Westbury, NY 11568 Centre Island Police Department (516) 922-6466
100 Centre Island Road, Oyster Bay, NY 11771 Oyster Bay Cove Police Department (516) 922-6363
Berry Hill Road, Oyster Bay, NY 11771 Port Washington Police Department (516) 883-0500
500 Port Washington Boulevard, Port Washington, NY 11050 Sands Point Police Department (516) 883-3100
26 Tibbits Lane, Port Washington, NY 11050 Rockville Centre Police Department (516) 766-1500
34 Maple Avenue, Rockville Centre, NY 11570 Nassau County Police Department (516) 573-6700
3636 Merrick Road, Seaford, NY 11783 Nassau County Police Department (516) 573-5275
970 Brush Hollow Road, Westbury, NY 11590 Westbury Auxiliary Police (516) 876-4925
645 Union Avenue, Westbury, NY 11590 Nassau County Police Department (516) 573-6300
214 Hillside Avenue, Williston Park, NY Williston Park Auxiliary Police (516) 746-0720
494 Willis Avenue, Williston Park, NY 11696 Jericho Auxiliary Police (516) 364-3433
807 Dee Ln, Woodbury, NY 11797 Nassau County Police Department (516) 573-6200
7700 Jericho Turnpike, Woodbury, NY
St. Joseph Hospital (516) 579-6000
4295 Hempstead Turnpike, Bethpage, NY 11714 Nassau University Medical Center (516) 572-0123
2201 Hempstead Turnpike, East Meadow, NY 11554 Glen Cove Hospital (516) 674-7588
101 St Andrews Lane, Glen Cove, NY 11542 South Nassau Communities Hospital Off-Campus Emergency Department (516) 870-1010
325 East Bay Drive, Long Beach, NY 11561 North Shore University Hospital (516) 562-8730
300 Community Drive, Manhasset, NY 11030 NYU Winthrop Hospital (516) 663-0333
259 First Street, Mineola, NY 11501 Mount Sinai South Nassau (516) 632-3000
One Healthy Way, Oceanside, NY 11572 Plainview Hospital (516) 719-3000
888 Old Country Road, Plainview, NY 11803 Mercy Medical Center (516) 705-2525
1000 North Village Avenue, Rockville Centre, NY 11570 St Francis Hospital (516) 562-6000
100 Port Washington Boulevard, Roslyn, NY 11576 Syosset Hospital (516) 496-6400
221 Jericho Turnpike, Syosset, NY 11791 Northwell Health - Long Island Jewish Valley Stream (516) 256-6000
900 Franklin Avenue, Valley Stream, NY 11580
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Amityville Police Department (631) 264-0400
21 Ireland Place, Amityville, NY 11701 Saltaire Public Safety Office (631) 583-5572
14 Bay Prom St, Bay Shore, NY 11706 Suffolk County Police Department (631) 854-8300
1630 5th Avenue, Bay Shore, NY 11706 NY State Police (631) 231-5962
800 Crooked Hill Road, Brentwood, NY 11717 MTAPD (631) 851-2230
10 West Suffolk Avenue, Central Islip, NY 11722 East Hampton Police Department (631) 324-3018
159 Pantigo Road, East Hampton, NY 11937 East Hampton Village Police Department (631) 324-0777
1 Cedar St, East Hampton, NY 11937 Huntington Bay Police Department (631) 427-2843
244 Vineyard Road, Halesite, NY 11743 Southampton Town Police Department (631) 728-3400
110 Old Riverhead Road, Hampton Bays, NY 11946 Lloyd Harbor Police Department (631) 549-8800
380 W Neck Road, Huntington, NY 11743 Suffolk County Police Department (631) 854-8200
1071 Park Avenue, Huntington, NY 11743 Harbor Police Department (631) 224-5656
Bayview Avenue, Islip NY 11751 Montauk Police Precinct (631) 668-3709
52 S Embassy St, Montauk, NY 11954 Asharoken Police Department (631) 261-7400
1 Asharoken Avenue #1, Northport, NY 11768 Northport Village Police Department (631) 261-7500
224 Main St, Northport, NY 11768 Ocean Beach Police Department (631) 583-5866
1 Bay Walk, Ocean Beach, NY 11770 Southold Police Department (631) 765-2600
41405 Route 25, Peconic, NY 11958 Quogue Police Department (631) 653-4175
115 Jessup Avenue, Quogue, NY 11959 Riverhead Police Department (631) 727-4500
210 Howell Avenue, Riverhead, NY 11901 Sag Harbor Police Headquarters (631) 725-0058
70 Division St, Sag Harbor, NY 11963 Head of the Harbor Police Department (631) 584-7891
500 Route 25a, St James, NY 11780 Nisseuogue Police Department (631) 584-5302
Moriches Road, St James, NY 11780 Old Field Village Constables (631) 941-9401
207 Old Field Road, Setauket, NY 11733 Shelter Island Police Department (631) 749-0600
44 N Ferry Road, Shelter Island, NY 11964 Southampton Village Police (631) 283-0056
151 Windmill Ln, Southampton, NY 11968 East Hampton Town Police Department (631) 537-7575
131 Wainscott Road, Wainscott, NY 11975 Suffolk County Police Department (631) 854-8100
555 Route 109, West Babylon, NY 11704
Southside Hospital (631) 968-3000
301 East Main St, Bay Shore, NY 11706 Stony Brook Eastern Long Island Hospital (631) 477-1000
201 Manor Place, Greenport, NY 11944 Huntington Hospital (631) 351-2200
270 Park Avenue, Huntington, NY 11743 Long Island Community Hospital (631) 654-7100
101 Hospital Road, Patchogue, NY 11772 John T Mather Memorial Hospital of Port Jefferson New York Inc (631) 473-1320
75 North Country Road, Port Jefferson, NY 11777 St. Charles Hospital (631) 474-6600
200 Belle Terre Road, Port Jefferson, NY 11777 Peconic Bay Medical Center (631) 548-6000
1300 Roanoke Avenue, Riverhead, NY 11901 St Catherine of Siena Hospital (631) 862-3107
50 Route 25a, Smithtown, NY 11787 Stony Brook Southampton Hospital (631) 726-8200
240 Meeting House Lane, Southampton, NY 11968 University Hospital (631) 444-2701
Health Sciences Center SUNY, Stony Brook, NY 11794 Good Samaritan Hospital Medical Center, (631) 376-3000
1000 Montauk Highway, West Islip, NY 11795
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