New York Wrongful Death Attorney

The statute of limitations for most wrongful death claims in New York is two years from the date of death. However, there are exceptions:

• General cases: Two years from the date of death.
• Medical malpractice: Two and a half years (30 months) from the date of death.
• Criminal cases: If criminal charges are filed, you may have one year from the conclusion of criminal proceedings.

Acting quickly helps preserve your rights and allows your attorney to investigate the case while evidence is still available.

New York law allows families to recover various types of damages through wrongful death claims, though the state has specific limitations compared to other jurisdictions.

Economic Damages (Pecuniary Losses)

• Medical expenses: Costs incurred for the deceased's final injury or illness.
• Funeral and burial expenses: Reasonable costs for memorial services.
• Lost wages and benefits: Income the deceased would have earned.
• Lost household services: Value of services like childcare, home maintenance.
• Loss of inheritance: What beneficiaries would have received.
• Loss of parental guidance: For minor children who have lost a parent.

Pre-Death Pain and Suffering

If the deceased experienced conscious pain and suffering before death — whether minutes, hours, or days — these damages may be recoverable through a survival action filed by the estate. Evidence from medical records, expert opinions, and eyewitness accounts may be used to demonstrate the extent of suffering and support a significant additional recovery.

Interest on Damages

New York law provides for interest to be added to awarded damages starting from the date of death, not from the date of the verdict or settlement. This can result in a substantial increase in compensation, particularly in cases that take years to resolve.

Important note: Unlike many states, New York does not permit recovery for the survivors' own grief, mental anguish, or loss of companionship. This makes working with an experienced attorney crucial to maximize available compensation within the law's constraints.

Following the tragic loss of a loved one, it's essential to take specific steps in the difficult aftermath to protect your future rights to file a wrongful death claim.

Here are some steps you should take:

1. Ensure safety and notify authorities: If the death occurred in a dangerous or suspicious manner, prioritize your safety and call emergency services.
2. Notify family and friends: Inform close family members and friends about the loss.
3. Contact an attorney: If you suspect wrongful death due to negligence or misconduct, consult a wrongful death attorney who can assess the situation and inform you about your legal options.
4. Gather documentation: Following the guidance of your attorney, collect important documents such as the death certificate, medical records, and any evidence related to the incident.
5. Funeral arrangements: Arrange for the deceased's funeral or memorial service according to their wishes and your family's traditions.
6. Make immediate financial arrangements: Notify relevant financial institutions, such as banks and insurance companies, of the death — also address any outstanding bills and financial obligations.
7. Legal proceedings: If you are pursuing a wrongful death claim, your attorney will guide you through the legal process.
8. Emotional support: Contact grief counseling and support groups for emotional assistance during this challenging time.
9. Estate matters: If applicable, consult with an estate attorney to address matters related to the deceased's will, assets, and estate distribution.
10. Settle any remaining affairs: Work through administrative tasks like canceling subscriptions, updating records, and addressing any of the deceased's remaining belongings.

It's a lot to manage, especially in an emotionally charged time, but a wrongful death attorney can help you to complete any required legal tasks without adding to your burdens.

At the Jacob D. Fuchsberg Law Firm, our dedicated attorneys are here to provide unwavering support throughout your wrongful death legal battle.

Here's how our team can assist you:

1. Comprehensive legal guidance: Our New York wrongful death attorneys will provide you with a clear understanding of the legal process.
2. Investigation and evidence gathering: We will meticulously investigate the death and collect crucial evidence, including accident reports, medical records, witness statements, and expert opinions.
3. Identifying responsible parties: We will work to identify all potentially liable parties, whether it's an individual, a corporation, or even a government entity.
4. Negotiating with insurers: Our attorneys will handle all communication with insurers, fighting on your behalf to secure fair compensation.
5. Timely legal filings: We will ensure that all necessary paperwork is filed within the required timeframe to protect your rights.
6. Strong legal representation: If a settlement cannot be reached, our attorneys will provide vigorous and relentless representation in court.
7. Emotional support: We offer compassionate support and a listening ear, providing comfort during this challenging time.
8. Maximizing compensation: We will work diligently to maximize the compensation you deserve — this includes seeking damages for medical expenses, funeral costs, lost income, and the emotional pain and suffering your family has endured.
9. Clear communication: Our competent wrongful death attorneys will keep you informed about the progress of your case and your legal options.
10. Personalized approach: Because every wrongful death case is unique, our attorneys will tailor their approach to your specific circumstances.
11. Fighting for justice: Our ultimate goal is to get justice for your family and hold those responsible accountable for their actions.

When you choose the Jacob D. Fuchsberg Law Firm, you're choosing a team with the legal acumen and support needed to present a compelling case and succeed in your wrongful death claim.

Choosing the right legal team to handle your wrongful death case is a crucial decision.

Here's why you should consider entrusting your case to the Jacob D. Fuchsberg Law Firm:

• Proven experience: With over four decades of experience, our firm has a long-standing history of successfully advocating for families in wrongful death cases.
• Compassion and support: Our compassionate approach means that we not only provide legal guidance but also emotional support during this challenging time.
• Thorough investigation: We leave no stone unturned in investigating the circumstances surrounding your loved one's death.
• Maximizing compensation: Our goal is to secure the maximum compensation you deserve, aiming to cover medical expenses, funeral costs, lost income, and the emotional pain and suffering endured by your family.
• Timely action: We ensure that all necessary paperwork is filed promptly to protect your rights.

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There is no room for error when pursuing compensation for your loved one's death. Let the Jacob D. Fuchsberg Law Firm go to bat for you and provide you with exceptional representation.