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Manhattan Wrongful Death Lawyers
Wrongful Death Experts with offices in Queens, Brooklyn, Manhattan & The Bronx
Losing a loved one is a heartbreaking experience, and when that loss is due to someone else’s negligence, the pain can be even more overwhelming. If you’re dealing with the aftermath of a wrongful death in Manhattan, you’re not alone. The Orlow Firm is here to guide you through this trying time and help you seek the justice your loved one deserves.
Key Takeaways
- Understand your legal rights and what compensation may be available to you.
- In Manhattan, The Orlow Firm has years of experience in maximizing wrongful death settlements.
- Learn about the statute of limitations and important timelines for your case.
- Call (646) 647-3398 For A Free Case Evaluation.
Maximizing Your Wrongful Death Case with The Orlow Firm
Navigating a wrongful death case is an emotionally and legally complex process. At The Orlow Firm, we are committed to ensuring that your case receives the attention and expertise it deserves, in order to maximize your chances for a successful resolution. Here’s how we can help:
Personalized Consultation: From the moment you contact us, we offer a personalized approach tailored to your specific needs and situation. We listen to your story, review the details, and provide a free case evaluation. This helps us understand the unique factors of your wrongful death case and how best to proceed.
Expert Legal Team: Our team is made up of seasoned Manhattan wrongful death lawyers with years of experience in New York City. Our attorneys know the local courts, judges, and legal community, which can be advantageous in presenting your case effectively.
Deep Investigation: We conduct a thorough investigation into the circumstances of the wrongful death. This includes collecting evidence, talking to witnesses, and consulting with experts to strengthen your case. A well-prepared case can significantly increase the chances of a favorable settlement or verdict.
Legal Strategy: With the collected evidence and legal expertise, we craft a strategy aimed at securing the maximum compensation possible for you and your family. We consider all available legal avenues, from negotiation to litigation, in pursuing justice for your loved one.
Skilled Negotiations: Our lawyers are adept at negotiating with insurance companies and opposing legal teams. We know the tactics they often employ to minimize compensation and are prepared to counter these strategies effectively, always keeping your best interest at heart.
Court Representation: If negotiations don’t lead to a satisfactory resolution, we are fully prepared to take your case to trial. Our Manhattan wrongful death lawyers are skilled litigators with a track record of success in court.
Constant Communication: We keep you updated every step of the way, making sure you’re informed of any developments in your case. Communication is key, and we are always available to answer any questions you may have.
No Upfront Costs: We operate on a contingency fee basis, which means you don’t pay us unless we win your case. This allows you to focus on grieving and healing, while we take care of the legal aspects.
Maximized Compensation: At The Orlow Firm, our goal is not just to win your case but to secure the maximum compensation you are entitled to. This includes not just medical bills and funeral expenses, but also loss of income, emotional suffering, and more.
Post-Settlement Support: Even after a settlement is reached or a verdict is given, our support doesn’t end. We help you understand how to manage your compensation and what steps to take next.
To learn more about how we can help you maximize your wrongful death case, Call (646) 647-3398 For A Free Case Evaluation.
What Victims’ Families Can Be Compensated For in New York
When facing the tragedy of losing a loved one due to wrongful death in Manhattan, it’s crucial to understand the types of compensation you might be entitled to. Damages in wrongful death cases are generally categorized into two main types: economic and non-economic damages. Here is an in-depth look at each:
Economic Damages
Medical Expenses: Any medical costs that were incurred as a result of the injury leading to your loved one’s death can be claimed. This includes hospital stays, surgical procedures, medication, and other related medical treatments.
Funeral and Burial Costs: The expenses for funeral services, cremation, or burial can often be significant and are recoverable in a wrongful death case.
Loss of Income and Earnings: If your loved one was a financial contributor to your household, you can claim for the loss of future income and potential earnings that are now unavailable because of their premature death.
Loss of Benefits: This can include health insurance, retirement benefits, and other financial contributions that the deceased would have provided had they lived.
Loss of Inheritance: The loss of potential inheritance, including the growth of assets that would have been possible had the deceased lived a full life, can also be part of the claim.
Non-Economic Damages
Pain and Suffering: Although your loved one is no longer alive to experience pain and suffering, compensation can be sought for the emotional and physical pain they endured prior to their death.
Loss of Consortium: This refers to the loss of companionship, love, and emotional support that a spouse, child, or family member has to endure due to the death of their loved one.
Loss of Parental Guidance: If the deceased had minor children, the loss of parental guidance and mentorship can be considered in the compensation package.
Loss of Companionship and Emotional Support: Losing a loved one leaves a void that can never truly be filled. This damage category seeks to compensate for the emotional toll of losing a confidant, friend, and loved one.
Mental Anguish: The emotional and psychological impact of losing a loved one can be debilitating. You can be compensated for the mental stress and suffering you’ve endured as a result of your loss.
Punitive Damages: While not common in every case, punitive damages may be awarded in instances where the negligence was extreme or malicious. These are meant to punish the liable party and deter similar behavior in the future.
It’s important to note that each wrongful death case is unique, and the types and amounts of compensation available can vary. A skilled Manhattan wrongful death lawyer can help you understand the full scope of damages applicable to your specific case. For more information on how you can maximize your compensation, Call (646) 647-3398 For A Free Case Evaluation.
Determining Legal Liability in New York Wrongful Death Cases
In Manhattan wrongful death cases, identifying the party or parties legally responsible is a crucial aspect of the process. Responsibility can often fall on multiple shoulders, depending on the specific circumstances of your case.
For example, in car accident-related wrongful deaths, the driver who caused the accident is typically the first person considered for liability. However, if a defect in one of the vehicles contributed to the accident, the vehicle’s manufacturer might also share in the liability. Similarly, if road conditions were a factor, the government body responsible for road maintenance could be partly liable.
In medical malpractice cases, the responsible party could be a doctor who made a fatal mistake, but it might also include the hospital for not providing adequate training or for neglectful hiring practices. Pharmaceutical companies might be held responsible if a medication with inadequate warnings leads to a wrongful death.
In instances of workplace accidents, both the employer for failing to maintain a safe working environment and equipment manufacturers for any faulty machinery can be held responsible. Contractors and subcontractors may also be implicated depending on the case details.
For wrongful death cases involving premises liability, such as slip and falls, the property owner is usually the one held responsible. However, if there was a third-party cleaning service involved, they might also be found liable if their actions contributed to unsafe conditions that led to the wrongful death.
In criminal activities leading to wrongful death, beyond the perpetrator themselves, establishments might be held liable under the Dram Shop laws if they served alcohol to a visibly intoxicated individual who then caused a fatal accident. Landlords might also bear some responsibility if inadequate security measures led to a fatal criminal act on their property.
Understanding who is legally liable in a wrongful death case often requires a thorough investigation and an intimate understanding of various laws and regulations. That’s why it’s imperative to consult with an experienced Manhattan wrongful death lawyer. They can help you identify all potentially liable parties, which can be crucial in maximizing the compensation you can claim. For a comprehensive look at your unique case, Call (646) 647-3398 For A Free Case Evaluation.
Common Types of Wrongful Death Injuries in Manhattan
In wrongful death cases, the types of injuries that lead to a fatality can vary widely depending on the circumstances. Understanding these different types of injuries is crucial for several reasons. First, they can serve as compelling evidence to establish negligence or fault on the part of the defendant. Second, the nature of the injury can influence the amount and type of damages that can be claimed. Knowing these specifics can provide valuable context for your case and assist your Manhattan wrongful death lawyer in effectively advocating for maximum compensation.
- Traumatic Brain Injuries: Often a result of car accidents or falls, these injuries can be fatal due to severe brain damage.
- Spinal Cord Injuries: Severe spinal cord injuries can lead to instant death or cause complications that result in death, such as respiratory failure.
- Internal Injuries: These can be from blunt force trauma or penetrating injuries that cause internal bleeding and organ failure.
- Burn Injuries: Extremely severe burns can lead to fatal infections, organ failure, or respiratory issues.
- Cardiac Arrest: Whether triggered by an electric shock, severe trauma, or other causes, sudden cardiac arrest can be fatal.
- Asphyxiation: This can happen due to choking, drowning, or chemical exposure and leads to a lack of oxygen, resulting in death.
- Drug Overdose: Wrongful death can occur due to prescription errors, illegal drug use, or poisoning.
- Fatal Infections: These can be a result of surgical errors, contaminated medical devices, or hospital-acquired infections.
- Gunshot Wounds: Whether accidental or intentional, gunshot wounds often result in immediate death.
- Blunt Force Trauma: Typically resulting from accidents like falls or being struck by an object, blunt force trauma can lead to fatal injuries.
The variety in the types of injuries leading to wrongful death highlights the complex nature of these cases. It’s crucial to consult with a skilled Manhattan wrongful death lawyer who can dissect the specific injuries involved, and how they came about, to build a robust case for you. Accurately identifying and documenting the injury type is an essential aspect in determining both liability and the extent of damages you may be eligible for. For specialized guidance in wrongful death injury types, Call (646) 647-3398 For A Free Case Evaluation.
Common Types of Wrongful Death Accidents in NYC
Understanding the various scenarios in which a wrongful death can occur is vital for evaluating the strength and potential value of your case. Here are some common circumstances where wrongful deaths often happen:
Car Accidents: These are one of the leading causes of wrongful deaths, especially in busy Manhattan streets. Speeding, distracted driving, or drunk driving can all lead to fatal accidents.
Medical Malpractice: When healthcare providers fail to meet the standard of care, resulting in death, they can be held accountable. This can include surgical errors, misdiagnoses, and medication errors.
Workplace Accidents: Especially prevalent in construction and industrial settings, these wrongful deaths can be due to machinery malfunctions, falls from heights, or exposure to hazardous materials.
Premises Liability: Fatal accidents can occur in poorly maintained buildings or properties. Whether it’s a slip and fall or a criminal attack due to inadequate security, property owners can be held responsible.
Product Liability: When a consumer product is faulty or dangerous, and it leads to a death, the manufacturer or seller can be held liable. This can range from defective car parts to unsafe children’s toys.
Pedestrian Accidents: Pedestrians are particularly vulnerable on Manhattan streets. Whether due to reckless driving or poor road conditions, fatal pedestrian accidents can result in wrongful death claims.
Bicycle Accidents: Cyclists also face risks, especially in crowded urban areas. Drivers failing to yield the right of way or making sudden turns can lead to fatal bicycle accidents.
Public Transportation Accidents: Given Manhattan’s heavy reliance on public transit, accidents involving subways, buses, and ferries can sometimes lead to wrongful death cases.
Nursing Home Negligence: Elderly residents are often at risk due to neglect or abuse, leading to conditions like malnutrition, falls, or even medication errors that can result in death.
Criminal Activities: Shootings, stabbings, and other violent criminal acts that result in death can also be grounds for a wrongful death claim against the perpetrator or even a third party like a property owner if inadequate security measures contributed to the act.
Understanding the type of scenario in which your loved one’s wrongful death occurred is essential for framing your case effectively. A skilled Manhattan wrongful death lawyer can guide you through the legal complexities of these various scenarios, helping you identify who is liable and what kinds of compensation you may be eligible for. For a detailed analysis of your case and the scenarios applicable to you, Call (646) 647-3398 For A Free Case Evaluation.
New York State Laws Relevant to Manhattan Wrongful Death
Navigating the legal landscape is a crucial aspect of any wrongful death case. There are several relevant laws that often come into play in Manhattan wrongful death cases.
New York Estates, Powers and Trusts Law (EPTL): This law governs how damages in wrongful death cases are calculated and distributed among the surviving family members. It specifically addresses what economic losses can be claimed, including lost income and funeral expenses.
New York Civil Practice Law and Rules (CPLR): This body of law guides the procedural aspects of wrongful death cases, such as where the lawsuit can be filed and how evidence is to be presented.
Dram Shop Laws: If the wrongful death was a result of drunk driving, New York’s Dram Shop Laws could be applied. These laws can make an establishment liable for serving alcohol to someone who is visibly intoxicated, if that person then causes a fatal accident.
Negligence Laws: In many wrongful death cases, the principle of negligence is the foundation for establishing liability. New York follows a “pure comparative negligence” rule, which means that even if the deceased was partially at fault, the family can still recover damages, though they may be reduced proportionally.
Product Liability Laws: These laws come into play when a defective product leads to a wrongful death. Manufacturers, distributors, or sellers may be held responsible for any fatalities caused by their product.
Medical Malpractice Laws: Specific statutes govern cases where medical practitioners are at fault for wrongful deaths. These laws outline what constitutes medical negligence and what damages can be claimed in such cases.
Workers’ Compensation Laws: While workers’ compensation typically prevents employees from suing their employers, in cases of gross negligence or intentional acts leading to death, these laws may allow for additional wrongful death claims.
Vicarious Liability Laws: These laws may hold an employer responsible for wrongful deaths caused by their employees while on the job, such as in cases of commercial vehicle accidents.
Premises Liability Laws: These laws establish when property owners can be held responsible for wrongful deaths that occur on their premises due to unsafe conditions or lack of security.
Understanding the intricacies of these laws is essential for building a strong wrongful death case. A seasoned Manhattan wrongful death lawyer will know how to navigate these statutes to your advantage, providing you with the best chance at securing the compensation you deserve. For expert legal guidance through the maze of relevant laws, Call (646) 647-3398 For A Free Case Evaluation.
Statute of Limitations for Wrongful Death in New York
The statute of limitations is a critical aspect of any wrongful death claim, setting the window within which legal action must be taken. In New York, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death. Missing this deadline usually means that you forfeit your right to seek legal recourse and compensation, regardless of how strong your case may be. There are, however, certain circumstances that can alter this time frame.
For example, if the wrongful death involves a minor, the statute of limitations may be extended, allowing the legal guardians more time to file a claim. In contrast, if the defendant is a governmental entity, you might have a much shorter period to notify them of your intent to file a claim, often within 90 days of the incident. This makes it essential to consult a knowledgeable Manhattan wrongful death lawyer as soon as possible to ensure you don’t miss crucial deadlines.
It’s also worth noting that the statute of limitations for wrongful death is separate from any criminal charges that might be brought against the defendant. A criminal case may or may not influence your civil case but won’t typically affect the time limits for filing a wrongful death lawsuit.
Understanding the statute of limitations is not just a legal formality but a crucial part of your case strategy. The sooner you start, the more time you’ll have to gather evidence, consult experts, and build a compelling case. Time is often of the essence when it comes to legal matters, and wrongful death cases are no exception. For an accurate understanding of how the statute of limitations applies to your specific situation, Call (646) 647-3398 For A Free Case Evaluation.
Preventing Wrongful Death Incidents in Manhattan
Prevention is the first line of defense against wrongful deaths, and while not all tragedies can be averted, understanding some preventive measures can potentially save lives. For instance, in the context of motor vehicle accidents, the importance of following all traffic rules, wearing seat belts, and avoiding distractions like texting while driving cannot be overstated. Equally significant is never driving under the influence of alcohol or drugs. Traffic laws are designed to keep everyone safe, and adhering to them reduces the risk of fatal accidents.
In medical settings, advocating for oneself or a loved one can be key. Don’t hesitate to seek second opinions, clarify doubts, and ask for explanations of medical procedures. Open and transparent communication with healthcare providers can often flag potential problems before they escalate into more serious issues.
When it comes to workplace environments, especially in high-risk occupations like construction, following safety protocols is essential. Employers should provide adequate training and protective equipment, and employees should make full use of them. Reporting unsafe conditions or practices can also help in averting disasters.
Property owners have a responsibility to keep their premises safe. If you’re a visitor, be mindful of your surroundings, and don’t hesitate to report any hazards like slippery floors or broken railings that you come across. Conversely, if you’re a property owner, regular maintenance checks and prompt removal of any dangers can significantly reduce the risk of accidents.
Consumers should also be cautious when purchasing and using products. Always read instructions and warnings, and keep abreast of any product recalls or safety alerts. Being informed can prevent accidents resulting from faulty or dangerous products.
In a city as bustling as Manhattan, where life moves fast, slowing down a bit to take stock of our surroundings can often provide the time needed to avert a tragedy. Whether walking on the street, driving, or even taking public transport, being alert and attentive can go a long way in preventing accidents that could lead to wrongful deaths.
These preventive measures are general guidelines and can vary based on specific circumstances. Nonetheless, they are valuable reminders that caution and awareness are essential in all aspects of life. For those who have unfortunately already suffered a loss, understanding these preventive measures can sometimes play a role in legal cases, establishing norms that were not followed and thereby assigning liability. To discuss how such preventive measures relate to your specific wrongful death case, Call (646) 647-3398 For A Free Case Evaluation.
Additional Resources for Wrongful Death Cases in Manhattan
Navigating the aftermath of a wrongful death can be overwhelming. While we strongly advise consulting an experienced Manhattan wrongful death attorney for personalized guidance, here are some additional resources that can offer further information:
Medical Examiner Reports
For insights into the cause of death, you can request a medical examiner report. This document can be crucial in establishing the grounds for a wrongful death lawsuit.
Website: NYC Office of Chief Medical Examiner
OSHA Statistics
For work-related wrongful deaths, the Occupational Safety and Health Administration provides data and safety regulations that may be relevant to your case.
Website: OSHA
New York State Courts
For general information about the New York legal system and wrongful death cases, the New York State Courts offer various resources.
Website: New York State Unified Court System
National Highway Traffic Safety Administration (NHTSA)
If the wrongful death involved a traffic accident, NHTSA’s website offers useful information and statistics that could be beneficial to your case.
Website: NHTSA
U.S. Consumer Product Safety Commission
For wrongful deaths related to defective products, this site offers information on product recalls and safety alerts.
Website: U.S. Consumer Product Safety Commission
New York State Department of Health
This resource provides various health statistics and could offer data pertinent to wrongful death cases related to healthcare or nursing home neglect.
Website: New York State Department of Health
Each of these resources offers valuable information, but for tailored advice and a comprehensive understanding of your wrongful death case in Manhattan, Call (646) 647-3398 For A Free Case Evaluation.
Frequently Asked Questions
What if I partly contributed to the accident?
New York follows the rule of comparative negligence, which means you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.
Do I have to go to court?
Not necessarily. Many wrongful death cases in Manhattan are settled out of court. However, if a fair settlement can’t be reached, going to court may be necessary to maximize your compensation.
How quickly should I contact a lawyer?
Time is of the essence in wrongful death cases. The sooner you consult a Manhattan wrongful death lawyer, the better your chances of preserving essential evidence and witnesses.
How much does it cost to hire The Orlow Firm?
The Orlow Firm operates on a contingency fee basis, meaning you only pay if we win your case. Call (646) 647-3398 For A Free Case Evaluation to discuss specifics.
How long does it take to resolve such cases?
The duration varies widely depending on several factors like the complexity of the case, the willingness of both parties to settle, and the court’s schedule.
What is my case worth?
The value of your case depends on numerous factors such as the circumstances of the accident, the extent of your losses, and the evidence available. An experienced Manhattan wrongful death attorney can provide a more accurate estimate.
If you have more questions or need personalized guidance, Call (646) 647-3398 For A Free Case Evaluation.
Why Choose The Orlow Firm?
When it comes to pursuing a wrongful death claim in Manhattan, choosing the right legal representation can make all the difference. The Orlow Firm stands out for its compassionate, personalized service and its proven track record of securing maximum compensation for clients. Our attorneys are well-versed in the complexities of New York wrongful death law and have the resources to thoroughly investigate and build a compelling case. We operate on a contingency fee basis, meaning you don’t pay unless we win. We are not just your lawyers; we’re your advocates in this challenging time. Call (646) 647-3398 For A Free Case Evaluation and find out how we can make a difference for you.