East Hampton Wrongful Death Attorney
The loss of a loved one at any time is painful. When that loss is untimely caused by the negligence or reckless actions of another party, it can be even more devastating for the victims left behind. The last thing you may want to think about when you’re grieving is legal matters involving the liable party. The truth is that no amount of money will undo the harm caused or the pain suffered, but it can bring a sense of justice and financial stability.
At Gersowitz Libo & Korek, P.C., our East Hampton wrongful lawyers are here to help. We understand the pain and sorrow our clients go through after losing a loved one can leave them stressed and vulnerable. Our legal team will handle each wrongful death case with the compassion it deserves. We will handle all the legal aspects of your wrongful death claim so you can focus on your healing process.
Types of Wrongful Death Cases
A wrongful death occurs when someone is killed because of another party’s negligent or wrongful conduct. At Gersowitz Libo & Korek, P.C., we handle all types of wrongful death cases, including those involving:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Truck accidents
- Motorcycle accidents
- Uber accidents
- Dog bits
- Premises accident
- Medical malpractice
- Construction site accidents
- Workplace accidents
Regardless of what type of accident caused the wrongful death of your loved one, our firm will work hard to hold the responsible parties liable for your untimely and tragic loss.
Who Can Bring a Wrongful Death Claim in New York?
Under New York statutes, only the personal representative (also commonly referred to as the “executor”) of the deceased person’s estate can file a wrongful death lawsuit. New York law does not allow a family member to bring a wrongful death claim to court unless that individual is also the personal representative of the deceased individual’s estate.
Current New York statutes provide that a wrongful death lawsuit can be brought by:
- A child of the decedent
- A parent of the decedent
- A spouse of the decedent
- The personal representative for the estate of the decedent
Currently, siblings and cousins of a decedent do not have a right to bring a wrongful death lawsuit in New York unless they have also been named as the guardian or personal representative of the decedent. It should be noted, that even then, they may still not have such right if the decedent left behind a surviving spouse, child, or parent.
Additionally, New York does not allow survivors who bring a wrongful death lawsuit to recover damages for the sorrow, emotional trauma, and loss of companionship that they experience after the death of a loved one.
Damages Awarded in Wrongful Death Cases
Money damages awarded from the wrongful death lawsuit will be distributed based on the economic losses resulting from the wrongful death. This will be specified in settlement documents. In most cases, the distributes of the wrongful death money damages are the spouse and children. However, this may differ depending on who the decedent was financially supporting at the time of the wrongful death.
The amount and types of damages awarded in an East Hampton wrongful death action will depend on the circumstances of each case, but damages are generally available in New York wrongful death cases for such losses as:
- Funeral and burial expenses
- Reasonable health care expenses related to the deceased person’s final injury or illness
- Any financial support the deceased would have contributed to the family
- The value of support and services the deceased would have provided to the family
- The value of parental nurturing, care, and guidance to surviving children
- Survivor’s loss of inheritance
- Conscious pain and suffering endured by the deceased due to the final injury or illness caused by the wrongful death
- Interest on the damages awarded (generally calculated from the date of death)
It is important to note that current New York law does not allow surviving family members to recover their own damages for pain and suffering, mental trauma, or loss of companionship.
You Need to Hire an East Hampton Wrongful Death Attorney
If you have untimely lost a loved one in a tragic accident caused by the negligent actions of others, the last thing you may want to think about is taking legal action. Although no amount of monetary compensation will undo the harm and bring back your loved one, filing a wrongful death claim can bring a sense of justice and closure when you need it most. It can also give you the financial relief you need to deal with the terrible situation.
The East Hampton wrongful death attorneys at Gersowitz Libo & Korek, P.C. will provide you with the compassion you deserve. Our legal team will fight to get you the support you need to adequately recover from the emotional and financial trials that came with your loss. We are ready to fight for you and bring you the just you deserve.
Call an East Hampton Wrongful Death Attorney
If you or someone you care about has been killed in an accident caused by another party, you may be able to file a wrongful death claim to seek compensation. To protect your legal rights and get the full money damages you are entitled to, you need to immediately consult with an experienced East Hampton wrongful death attorney.
To learn more, contact the legal team at Gersowitz Libo & Korek, P.C. today at 1-800-529-9997. Our legal team will listen to your facts and help you understand your options.