Wrongful Death Lawyer in Port Washington, NY

Losing someone you love all of a sudden can change everything in a heartbeat. Families are left heartbroken, trying to figure out what happened, and stressed about how they’ll afford life’s expenses. In Port Washington, these tragedies bring not only sadness but also legal questions. At Parker Waichman LLP, our Port Washington wrongful death lawyers help families understand their rights and fight to secure compensation for the financial and personal losses they’re facing.

We provide comprehensive legal services for wrongful death and accident cases, including thorough case investigation, skilled negotiations, and aggressive litigation to ensure clients receive the compensation they deserve.

Wrongful death cases require a great deal of care and skill. We’ve spent years helping families and fighting to hold people accountable. We understand how hard this is and are here to help you through it. If you have lost someone due to someone else’s actions, please contact us online or at 800-968-7529 to explore how we can assist you.

Understanding Wrongful Death Under New York Law

In New York, a wrongful death occurs when someone dies because of another person’s actions or failure to act. If the person could have sued for personal injury had they survived, their estate can file a wrongful death lawsuit instead. These are civil cases, aiming to help the family recover money rather than punish anyone criminally.

A wrongful death lawsuit might arise from:

• Motor vehicle accidents, such as car, motorcycle, and truck accidents
• Medical errors
• Workplace incidents involving third-party negligence
• Defective products under strict liability laws
• Nursing home neglect
• Construction accidents
• Unsafe premises

Wrongful death isn’t always caused by negligence. Sometimes, strict liability applies, such as when a defective product causes a fatal injury. Knowing the correct legal theory is key to making a successful claim.

A wrongful death attorney in Port Washington can review your situation and explain your options under both negligence and strict liability laws. 

Common Causes of Wrongful Death and Motorcycle Accidents in Port Washington

Many circumstances can result in a wrongful death claim. Our team handles a wide range of fatal accident cases, including:

• Motor Vehicle Collisions: Car, truck, and motorcycle accidents remain the leading causes of wrongful death. Motorcycle crashes often result in serious injuries and property damage, and prompt medical attention is crucial for victims. Insurance companies may attempt to minimize payouts in motorcycle crash cases, making legal representation essential. Negligent drivers are often responsible for motorcycle crashes, and holding them accountable is a key part of the firm’s work. Whether the crash results from distracted driving, speeding, impaired driving, or defective vehicle components, we work to establish legal responsibility for death. Our firm has extensive experience handling motorcycle accident cases, including thorough investigation, negotiation, and litigation to secure fair compensation for families.
• Medical Malpractice: Errors in diagnosis, surgical mistakes, or improper treatment can result in fatal outcomes. We review medical records and consult with medical experts to identify wrongdoing and pursue claims against negligent healthcare providers.
• Workplace Incidents Involving Third Parties: While workers’ compensation provides benefits to families after workplace deaths, civil lawsuits may arise if a third party—not the employer—is legally at fault. For instance, subcontractors or equipment manufacturers may be held responsible. This includes slip and fall accident.
• Defective Products: Product liability law imposes strict liability on manufacturers, distributors, and retailers whose unsafe products cause fatal injuries or other severe consequences. We pursue claims when dangerous or defective products, ranging from auto parts to medical devices, result in death.
• Nursing Home Neglect or Abuse: Elderly residents are vulnerable to neglect and abuse, which sometimes leads to fatal injuries. Our lawyers pursue justice for families whose loved ones suffered harm in nursing homes or assisted living facilities.
• Construction Accidents: Construction sites often present hazardous conditions that can lead to fatal incidents if safety protocols are not strictly adhered to. Our lawyers investigate these incidents to hold negligent parties accountable.

No matter how a wrongful death occurs, our firm is committed to helping families seek accountability and the compensation they deserve.

Who Can File a Wrongful Death Lawsuit in Port Washington?

In New York, not just anyone can file a wrongful death lawsuit. Unlike some states where any family member might sue, New York law allows only the personal representative of the person’s estate to bring the claim. This person is usually named in the person’s will or chosen by the court.

Even though the personal representative files the lawsuit, any money from a settlement or verdict goes to the family members who are left behind. People who might receive money include the person’s spouse, children, parents, or other close family members who depended on them.

A wrongful death claim can help cover both financial problems and personal hardships caused by losing a loved one. The goal is to help ease the financial burden and support the family after their loss. 

Types of Losses Recoverable in Wrongful Death Cases

A wrongful death lawsuit seeks compensation for various financial and personal losses linked to a loved one’s passing. The primary goal of such a lawsuit is to recover damages for both the financial and personal losses suffered by the family. These losses help ease the financial challenges and honor the value of the relationship lost.

• Financial Losses: Surviving families can seek compensation for lost income, funeral and burial costs, medical bills from the fatal injuries, lost wages (including future wage loss), property damage, and loss of inheritance. These financial losses can be severe, but a wrongful death settlement can help provide support.
• Personal Losses: Wrongful death cases also address the emotional impact of losing a loved one, including loss of companionship, affection, guidance, loss of consortium for a spouse, and emotional distress for family members.

While money can’t replace a loved one, a successful wrongful death claim can help families find stability and hold others accountable. By pursuing compensation for both financial and personal losses, families can secure support for the future while seeking justice for their loved one’s untimely death. Our firm is dedicated to helping families secure maximum compensation for all losses suffered.

Proving Liability in a Wrongful Death Claim

To succeed in a wrongful death lawsuit, the estate must prove that someone’s conduct led directly to the death. In negligence-based claims, the following must be established:

• The at-fault party owed a duty of care to the deceased.
• The at-fault party breached that duty of care through actions or omissions.
• This breach caused the fatal injuries.
• Family members sustained financial or personal losses because of the death.

Accident reconstruction experts may be consulted to analyze the crash, identify responsible parties, and provide insight into how the incident occurred. It is crucial to gather crucial evidence, such as photos from the accident scene, expert testimony, accident reports, witness statements, and medical records, to establish liability and support the wrongful death claim. Various contributing factors, such as road conditions or driver behavior, are also considered when determining liability.

In strict liability cases, you don’t always have to prove someone was careless. For example, a company can be held responsible for a defective product even if it didn’t make a mistake during manufacturing. What matters is that the product was faulty and caused the fatal injuries.

Our Port Washington legal team for wrongful death cases conducts thorough investigations, gathers evidence, consults experts, and builds compelling cases to prove liability under all applicable legal theories.

The Legal Process for Filing a Wrongful Death Lawsuit

Filing a wrongful death claim in New York involves several legal steps and strict timelines. The claim process includes multiple legal actions, from initial investigation and evidence gathering to potential legal battle in court. Acting quickly helps preserve evidence and maintain your family’s legal rights. The typical process includes:

• Investigation: Collecting evidence, interviewing witnesses, and consulting experts to establish the facts of the fatal incident.
• Filing the Lawsuit: The personal representative files the civil lawsuit for fatality in the appropriate court.
• Discovery: Both sides exchange documents, testimony, and evidence to build their cases.
• Negotiations: Settlement talks may occur before trial, with the goal of achieving a fair settlement for the family if the parties agree.
• Trial: If no settlement is reached, the case proceeds to trial, where a jury or judge determines liability and compensation, and a legal battle may ensue.

Our Port Washington wrongful death lawyers manage every stage, helping families focus on healing while we handle the legal issues. We guide families through all legal proceedings, from investigation to negotiations and, if necessary, trial, to achieve fair compensation. Our legal team is dedicated to pursuing compensation for clients at every stage of the claim process, including taking legal action when needed.

How Long Do You Have to File a Wrongful Death Lawsuit in Port Washington?

In New York, families usually have two years from the date of a person’s death to file a wrongful death lawsuit. If they wait too long, they might lose the chance to bring the case forever.

Sometimes, some exceptions can make the time limit longer or shorter. For example, cases involving medical mistakes might have different deadlines. Talking to a lawyer as soon as possible allows them to protect your rights and make sure necessary evidence doesn’t get lost or destroyed. 

What Should You Do if You Suspect a Wrongful Death?

The aftermath of a fatal incident is overwhelming, but specific steps can help protect your family’s interests:

• Obtain the death certificate.
• Keep medical records, accident reports, or police documents.
• Preserve physical evidence linked to the incident. Preserving crucial evidence, such as police reports, witness statements, and medical documentation, is essential to strengthen your wrongful death claim.
• Document the crash scene and accident scene by taking photos, gathering witness information, and securing any available surveillance footage.
• Seek prompt treatment and medical care after an accident to ensure all injuries are properly documented, which can impact your legal claim.
• Avoid detailed conversations with insurance adjusters until you speak with a lawyer.
• Contact a lawyer handling wrongful death cases in Port Washington as soon as possible.

At Parker Waichman LLP, we know grieving families deserve space to heal. We’ll handle communication with insurers and at-fault parties while you focus on honoring your loved one’s memory. Contact us for a free initial consultation to discuss your case.

Why Work With Parker Waichman LLP?

Families in Port Washington turn to Parker Waichman LLP because we handle every case with both experience and care. Our team of personal injury lawyers and motorcycle accident attorneys provides specialized legal help to clients, ensuring they receive the support and advocacy they need. As a respected law firm, we have built a reputation for successfully handling complex wrongful death and accident cases in Port Washington. We’ve won significant settlements and verdicts for our clients and are proud to stand by families through the legal process. Having experienced attorneys on your side can make a significant difference in the outcome of a wrongful death or motorcycle accident case.

When you work with us, you gain:

• Over 40 years of experience in personal injury and wrongful death claims
• A strong track record of successful results
• Access to extensive resources for complex cases
• Personalized legal representation for families
• A legal team prepared to take your case to trial if needed

We work on a contingency fee basis, so you pay no upfront fees for our legal services and you don’t pay us unless we secure a financial award for you. We’re here to help you keep going and hold the right people responsible for your loved one’s death.

Speak With a Port Washington Wrongful Death Attorney Today

Losing a loved one due to another’s wrongdoing is devastating. You deserve clear answers and a path to financial stability with our team of lawyers. Parker Waichman LLP’s wrongful death lawyers stand ready to guide you through this difficult time and pursue justice for your family.

If you have questions about a wrongful death lawsuit, contact us today for a free consultation. Let us help you understand your rights and explore your legal options. You don’t have to face this journey alone.