Key Takeaways:

• The Orlow Firm has a proven track record in maximizing wrongful death lawsuit outcomes in New York City.
• Victims can be compensated for various types of damages including emotional suffering, lost wages, and funeral expenses.
• Legal liability in a wrongful death lawsuit can extend to individuals, organizations, and even governmental entities.
• Understanding New York’s specific wrongful death laws is crucial for your case.
• Be aware of the statute of limitations for filing a wrongful death claim in New York.
• Call (646) 647-3398 For A Free Case Evaluation

How The Orlow Firm Maximizes Your NYC Wrongful Death Case

Expert Legal Guidance: At The Orlow Firm, our team of New York City Wrongful Death Attorneys provide expert legal advice tailored to the specific circumstances of your case. We leverage years of experience and deep understanding of New York wrongful death laws to guide you through every step of the legal process.

In-Depth Case Analysis: To maximize the potential outcome of your case, we conduct an exhaustive analysis of all the available evidence. This includes medical records, police reports, witness statements, and any other data that can bolster your claim.

Strategic Litigation: We employ various strategies designed to present your case in the most favorable light. From pre-trial motions to jury selection and beyond, every decision is made with the aim of maximizing your compensation.

Negotiation Skills: Our New York Wrongful Death Lawyers are adept at negotiating with insurance companies and opposing counsel. We are prepared to fight for a settlement that fully compensates you for your loss, but we will not hesitate to take your case to trial if a fair agreement cannot be reached.

Financial Resources: Pursuing a wrongful death claim can be costly, involving expert testimonies, medical examinations, and court fees. At The Orlow Firm, we have the financial resources to thoroughly investigate and litigate your case, ensuring that you don’t settle for less than you deserve.

Comprehensive Support: We understand that a wrongful death lawsuit is emotionally draining for the victim’s family. That’s why we offer comprehensive emotional and legal support throughout the process. Our law firm can even assist with estate planning and probate issues that arise as a result of the wrongful death.

Local Expertise: Being based in New York City, we are intimately familiar with both state and local laws that may affect your case. This local expertise gives us an edge in navigating the complexities of the New York legal system.

Contingency Fee Basis: We operate on a contingency fee basis, meaning you don’t pay unless we win your case. This aligns our goals with yours and ensures that we are motivated to achieve the maximum possible compensation for your loss.

Call (646) 647-3398 For A Free Case Evaluation: To discuss the specific details of your case and understand how The Orlow Firm can help you, call us for a free, no-obligation case evaluation.

What Wrongful Death Victims Can Be Compensated For in New York

Economic Damages

These are quantifiable losses that can be calculated and substantiated with bills, receipts, or pay stubs. They include:

• Medical Expenses: Any medical costs associated with medical care that the deceased person received due to the negligence that led to their death.
• Funeral and Burial Costs: Expenses related to funeral arrangements and burial or cremation can be recovered.
• Loss of Income and Benefits: If the deceased family member was a primary wage earner, their expected future income and benefits such as retirement plans or health insurance could be claimed.
• Loss of Inheritance: This pertains to the value of what the deceased family member would have saved and left to their heirs if not for the wrongful death.
• Property Damage: If applicable, the value of any damaged property as a result of the negligent act can also be claimed.

Non-Economic Damages

These are less easily quantifiable and pertain to the emotional and psychological impact of the wrongful death on the surviving family members. They include:

• Pain and Suffering of the Deceased: If the deceased experienced pain and suffering before their death, compensation may be available for this emotional distress.
• Loss of Consortium: This relates to the loss of companionship, love, and moral support that the deceased family member provided to their spouse or family.
• Emotional Suffering: Family members may seek compensation for their own emotional suffering due to the loss of the loved one.
• Loss of Guidance and Nurturing: For families with children, the loss of a parent’s guidance, nurturing, and education can be considered for compensation.
• Punitive Damages: In some instances, where the act of negligence was especially egregious, punitive damages may be awarded to punish the liable party and deter similar behavior in the future.

Knowing the types of damages you can claim is crucial to maximizing your wrongful death lawsuit. At The Orlow Firm, our New York Wrongful Death Lawyers can help you identify and quantify all possible areas of compensation. Call (646) 647-3398 For A Free Case Evaluation to discuss your unique circumstances and determine what you may be entitled to claim.

Who Is Legally Liable for Wrongful Death in New York

Determining who is legally responsible for a wrongful death is a complex task that often requires in-depth investigation and expert legal analysis. In New York City, legal liability can fall upon various parties depending on the circumstances of the case. It could be an individual, a company, a governmental body, or a combination of these.

For instance, in the case of a wrongful death stemming from a car accident, the driver who caused the fatal accident could be held liable. However, if the fatal accident was due to a mechanical failure, the manufacturer of the vehicle or the mechanic who last serviced it could also bear some responsibility. In some cases, a governmental entity could be held liable if the tragic accident was caused due to poorly maintained roads or inadequate signage.

In medical malpractice cases, the hospital, medical practitioners, or even pharmaceutical companies could be found responsible. For workplace accidents, the employer could be held liable if it’s determined that they failed to provide a safe working environment, but so could equipment manufacturers if faulty machinery was involved.

In premises liability cases, such as a slip and fall, the owner of the property could be held accountable, especially if it’s proven that they were aware of the hazardous condition and did nothing to correct it. Even in instances of criminal activity leading to a wrongful death, while the perpetrator would be criminally liable, the owner of the property where the crime occurred might also bear some civil liability if adequate security measures were not in place.

The Orlow Firm’s experienced NYC Wrongful Death Lawyers are skilled at investigating all aspects of your case to identify every party that might be held legally responsible. Once identified, we aggressively pursue all avenues of compensation to ensure that you receive the maximum amount for your devastating loss. Understanding the intricate network of potential liability is crucial to maximizing your wrongful death claim, and we’re here to navigate it on your behalf.

Call (646) 647-3398 For A Free Case Evaluation to discuss the specifics of your case and explore who may be legally responsible for your loss.

Common Types of Wrongful Death Accidents in New York City

Wrongful deaths can occur in a variety of situations, each presenting unique challenges and complexities when it comes to legal action. These incidents often result from different types of fatal injuries, which can vary from case to case. Understanding the common types of injuries involved in wrongful death lawsuits not only adds context but can also help in the litigation process. Below are some of the frequent injury types that our NYC Wrongful Death Lawyers encounter.

Automobile Accidents:

Often one of the most common causes of wrongful death, automobile accidents can include car crashes, motorcycle accidents, and truck collisions. These incidents frequently result from negligence such as speeding, distracted driving, or driving under the influence.

Medical Malpractice:

This involves wrongful death occurring due to medical negligence, which can range from surgical errors to misdiagnosis and improper medication. These cases often require expert testimony to prove negligence.

Workplace Incidents:

Fatalities can occur in workplaces, especially those involving high-risk tasks like construction sites or factories. These incidents can be due to lack of safety measures, faulty equipment, or negligence on the part of the employer.

Slip and Fall Accidents:

While often less severe than other types of incidents, slip and fall accidents can sometimes be fatal. This may be especially true for older adults and can occur due to poorly maintained public or private properties.

Product Liability:

Sometimes, products that are poorly designed, manufactured, or labeled can result in fatal injuries. Examples include defective medical devices, dangerous pharmaceuticals, and malfunctioning automobiles.

Pedestrian and Bicycle Accidents:

In busy urban areas like New York City, pedestrians and cyclists are at high risk. These accidents can occur in crosswalks, intersections, or bike lanes and can often be fatal.

Public Transport Accidents:

Given New York City’s extensive public transportation system, accidents involving buses, subways, and taxis can sometimes result in wrongful death, whether due to operator error or system failures.

Recreational Accidents:

These include wrongful death resulting from leisure activities like boating, hiking, or swimming. Often, these are due to negligence in maintaining safety standards or providing adequate warnings.

Nursing Home Negligence:

Particularly relevant for older adults, wrongful death in nursing homes can occur due to neglect, abuse, or inadequate medical care.

Criminal Actions:

Acts of violence like homicide can also result in wrongful death claims, where the perpetrator can be held accountable in a civil court, in addition to facing criminal charges.

Understanding the various scenarios in which wrongful death can occur is crucial for effective legal action. Whether you’ve lost a loved one due to medical malpractice, an auto accident, or any other form of negligence, The Orlow Firm’s team of New York Wrongful Death Attorneys is here to provide you with the guidance and legal expertise you need. We will thoroughly investigate your case to identify the scenario and conditions under which your loved one’s wrongful death occurred, aiming to secure maximum compensation on your behalf.

Call (646) 647-3398 For A Free Case Evaluation to discuss your unique situation with a wrongful death lawyer.

Understanding New York Wrongful Death Laws

New York Estates, Powers & Trust Law (EPTL) Section 5-4.1: This is the foundational statute for wrongful death claims in New York. It establishes who is eligible to file a wrongful death claim, which is typically the personal representative of the deceased person’s estate. This law enables survivors to seek compensation for pecuniary losses, like lost wages and benefits, rather than emotional suffering.

New York Civil Practice Law and Rules (CPLR) Section 1411: This section discusses comparative negligence. If the deceased was partially at fault for the incident leading to their death, this law allows for a reduction in the damages awarded proportionate to their share of the fault.

New York Labor Law Sections 200, 240, and 241: For wrongful death lawsuits arising from construction site accidents, these labor laws impose strict liability on employers and property owners under specific circumstances, making it easier to hold them responsible for fatal injuries.

New York Public Health Law Section 2801-d: Pertinent to wrongful death in nursing homes, this law allows for claims to be made against nursing homes for depriving residents of any right or benefit established by law or contract.

Vehicle and Traffic Law: For wrongful death claims arising out of car accidents, New York’s Vehicle and Traffic Laws can be used to establish negligence. Violation of these laws, like running a red light, can serve as strong evidence of negligence in a wrongful death case.

New York Penal Law: In cases where the wrongful death is the result of a criminal act, sections of New York’s Penal Law can sometimes be used in tandem with civil claims to establish liability. Criminal conviction of the responsible party can bolster the civil wrongful death case.

The Family Court Act and the Domestic Relations Law: Depending on the kind of wrongful death lawsuit, these laws might be applicable especially when calculating losses like loss of guidance for a child or loss of consortium for a spouse.

The Navigation Law and The Jones Act: These are federal laws that apply in cases of wrongful death that occur on navigable waters and could be particularly relevant for boating accidents or deaths that occur on ships.

Federal Employers Liability Act (FELA): In a wrongful death lawsuit involving railroad workers, FELA can be used to hold employers accountable for unsafe working conditions that led to the tragic death.

Understanding the relevant laws is vital for successfully navigating a wrongful death case in New York City. Each law carries its own set of requirements, procedures, and limitations, which is why having an experienced New York City Wrongful Death Lawyer like those at The Orlow Firm can make all the difference. We have an in-depth understanding of New York’s complex legal landscape concerning wrongful death and can guide you through every stage of your case.

Call (646) 647-3398 For A Free Case Evaluation to explore how these laws apply to your specific situation.

New York Wrongful Death Statute of Limitations

In New York, the statute of limitations for wrongful death claims is a critical aspect that can’t be overlooked. You have only two years from the date of the deceased person’s death to file a wrongful death claim. This is a strict deadline, and missing it can result in the complete loss of your right to bring a claim, regardless of its merit. While two years may seem like a reasonable amount of time, the process to prepare for filing a wrongful death suit can be extensive. Gathering evidence, identifying responsible parties, and even obtaining the legal right to represent the deceased’s estate can consume a lot of time. Therefore, it’s essential to consult with a New York City Wrongful Death Lawyer as soon as possible to begin the legal process.

In certain situations, this two-year time frame might have exceptions, but these are incredibly rare and should not be relied upon without seeking expert legal advice. For example, if the wrongful death is a result of a criminal act, the statute of limitations may be affected by the timing of the criminal case. Similarly, claims against government entities may require you to file a Notice of Claim much sooner than the two-year deadline, often within 90 days of the occurrence of the incident leading to the death.

Being aware of the statute of limitations is not just about filing a claim on time; it’s also about building a strong case. As time passes, evidence may be lost, witnesses might become unavailable, and memories can fade, making it more difficult to prove negligence or liability. The sooner you consult an experienced New York Wrongful Death Attorney like those at The Orlow Firm, the better your chances will be at collecting the evidence needed to build a compelling case.

Call (646) 647-3398to recover compensation and to discuss the specifics of your case and to ensure you don’t miss the crucial deadlines imposed by the statute of limitations.

Additional Resources

For more information related to wrongful death cases in New York City, these resources may be useful. Please note that while these resources can provide valuable information, they should not replace professional legal advice. For personalized assistance, Call (646) 647-3398 For A Free Consultation.

• New York State Unified Court System: A comprehensive guide to understanding the court system in New York, including how wrongful death cases are generally handled. Visit Website
• New York Department of Health – Vital Records: A source for obtaining death certificates, which are often essential when initiating a wrongful death claim. Visit Website
• FDA MedWatch: If wrongful death occurred due to a defective medical device or drug, FDA’s MedWatch program can offer relevant news and recall information. Visit Website
• National Highway Traffic Safety Administration (NHTSA): For cases involving motor vehicle accidents, the NHTSA provides useful data and research reports that may be applicable to your case. Visit Website
• The Compassionate Friends: This organization provides support to families grieving the death of a child. They offer a range of resources including local chapters in New York City. Visit Website
• The Dougy Center: The Dougy Center provides a safe place for children, teens, young adults, and their families who are grieving a death to share their experiences. Visit Website

Remember, while these resources are informative, they are no substitute for legal advice tailored to the specifics of your case. For comprehensive guidance on navigating a wrongful death claim in New York City, consult with The Orlow Firm.

Call (646) 647-3398 For A Free Consultation.

Frequently Asked Questions

Do I have to go to court?

Not necessarily. Many wrongful death cases are settled out of court. However, if a fair settlement isn’t achievable, going to court may be necessary to maximize your compensation.

What is my case worth?

The value of your wrongful death case depends on various factors, such as medical bills, funeral expenses, and loss of income. Only a skilled New York City Wrongful Death Lawyer from The Orlow Firm can provide a personalized evaluation.

How much does it cost to hire The Orlow Firm?

The Orlow Firm typically works on a contingency fee basis, which means you don’t pay unless we win your case. For specifics, it’s best to Call (646) 647-3398 For A Free Case Evaluation.

How quickly should I contact a lawyer?

You should contact a lawyer as soon as possible due to the statute of limitations and to ensure that crucial evidence is preserved. Delaying legal consultation can adversely affect your case.

What if I partly contributed to the accident?

New York follows a “pure comparative negligence” rule, meaning you may still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.

How long does it take to resolve such cases?

The timeline for resolving wrongful death cases varies depending on the complexity of the case and the parties involved. It can take months or even years to reach a resolution.

Call (646) 647-3398 to Get the Financial Compensation That You Deserve.

Why Choose The Orlow Firm?

When it comes to navigating the complexities of wrongful death claims in New York City, The Orlow Firm stands out for its experience, expertise, and compassionate client service. A New York Wrongful Death Attorney with a proven track record of obtaining maximum compensation is what you need on your side. We understand the emotional turmoil that accompanies the loss of a loved one and strive to alleviate some of your burden by tirelessly advocating on your behalf. With our law firm, your loved one’s death is not just another case number; you’re a valued individual deserving of personalized attention. Trust us to handle your case with the utmost professionalism while you focus on healing. Call (646) 647-3398 For A Free Case Evaluation.