Wrongful Death
New York wrongful death attorney
Protecting survivors of wrongful deaths
No amount of money can ever bring a loved one back or truly pay for their loss. The death of a loved one can leave survivors feeling angry, sad, frustrated, and filled with grief. The loss can be harder to accept if someone’s reckless or negligent behavior caused it.
Wrongful deaths may occur when someone who didn’t use reasonable care or caution caused a car accident, a slip and fall accident, a construction site accident, or a fire or an explosion.
Scott Baron & Associates, P.C. has a quarter-century of experience fighting for families in wrongful death cases. We help ease the financial burden of burial and medical expenses on the survivors. We handle their cases personally, with care and compassion, while we use our legal skills and knowledge to provide a sense of closure and put them in the best position to win.
A wrongful death claim seeks to recover damages for the victim’s spouse, children, or if a minor died, their parents, and other heirs and beneficiaries. If you think you have a claim, call (866) WAS-HURT or contact us online. We feel for your loss, and will come to you to comfort you.
Potential Benefits From a Wrongful Death Claim
- As one of New York’s most accomplished personal injury firms, we’ve handled some of the most important and complex wrongful death cases in the state, getting full compensation for their families, including damages for:
- Past and future lost wages and benefits
- Loss of valuable services from the deceased’s protection, care, or help
- Funeral and burial costs
- Parental care and guidance for surviving minor children
- Unpaid medical expenses for care and treatment of the victim before death
- Pain and emotional suffering, including loss of comfort, care, and companionship (before and after the victim’s death)
The grieving may fail to recognize the importance of a complete and prompt investigation into the death, preserving evidence, and identifying those responsible.
Time passes, but the pain and sorrow from the loss of a loved one remains. A sudden loss can leave you wondering what to do, and how to resolve the situation. On top of your grief, you may face unpaid bills, and other challenges in your daily life.
How Do You Prove a Wrongful Death?
A number of legal issues are involved with wrongful death lawsuits. First, a valid claim requires showing that the defendant’s negligence caused or contributed to the death. Negligence is a failure to act with the same level of care a reasonable person would provide in the same or a similar situation. Recklessness is the conscious disregard of the risk of harming others.
Also, the responsible party’s reckless and negligent actions must form the basis for a lawsuit that could be pursued even if the death hadn’t happened. One or more survivors must have also suffered a loss from the death to result in recoverable damages for the deceased’s estate.
Every case is different. In a successful wrongful death case, you must prove that someone was negligent or reckless, and that their behavior caused or contributed to the victim’s unfortunate and untimely death.
For instance, elevators must be maintained regularly, and if a building owner or inspector doesn’t follow proper safety guidelines, they’re not acting in a reasonably prudent way to keep others safe. So, if someone dies as a result of a fall down an elevator shaft, depending on the situation, we may be able to prove negligence.
What Will We Do to Help?
Scott Baron and his experienced team will show that the negligent party had a legal duty to act with care to keep others safe. We will do that through evidence proving that the individual acted negligently, carelessly, or recklessly, or failed to act in a reasonable manner to cause a wrongful death.
Our help goes beyond fighting for you in the courtroom. We work closely with families to resolve estate issues connected to their loss, such as setting up an estate and naming a personal representative as necessary to proceed with a wrongful death case.
To prove your wrongful death claim, you need a law firm with the right balance of experience and knowledge, backed with a proven track record and the resources to pursue your claim. We have decades of experience trying and winning wrongful death claims of all kinds by settlement or jury verdict.
How Long Do I Have to File a Claim?
New York has strict deadlines for filing personal injury claims. Generally, the deadline for filing a wrongful death claim is two years from the date of death. Claims against cities or towns have shorter restrictions, and can be as little as 90 days from the date of the incident.
If you don’t file in time, you may not be able to receive compensation.
If someone you love died through someone else’s negligence, call Scott Baron & Associates now at (866) WAS-HURT or contact us online for a free consultation. We feel for your loss, and will come to you to comfort you.
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