Wrongful Death

New York Wrongful Death Claims

Any unexpected death is tragic and may leave a family struggling with feelings of anguish, uncertainty and anger. Unfortunately, a family may also struggle with the financial consequences of loss of support and medical bills. If your loved one died as a result of someone else's negligence, recklessness or malice, your family has a right to compensation for the tragic loss under New York laws regarding wrongful death.

There are two aspects to the case: proving fault and demonstrating the full value of your loss. While it may be difficult for your family to consider a lawsuit shortly after the death of a loved one, it is important that an investigation into the wrongful death not be delayed. There are also strict limitations concerning the time to file a wrongful death lawsuit. If you would like to speak with one of our attorneys about your case, please contact our Brooklyn personal injury firm, Lozner & Mastropietro, to make arrangements for a complimentary consultation. Our lawyers have the experience to quickly evaluate your case and help you determine how to proceed.

The children, spouse or parents of the deceased can pursue a wrongful death and/or survival action lawsuit. In New York State, the executor of the deceased's estate or administrator pursues these actions on behalf of the deceased's survivors. A number of incidents can lead to a wrongful death case being filed:

Compassion, understanding and experience are necessary traits that a family should look for when selecting a wrongful death lawyer. Fortunately, the attorneys at Lozner & Mastropietro possess these traits, and by bringing a wrongful death and/or survival action on behalf of the deceased, we can help families recover damages for some of the losses suffered.

In New York State, a survival action is brought to recover damages for the personal injuries suffered by the decedent prior to the wrongful death. If those injuries result in the victim's death, the claim is still valid. The claim "survives" the victim's death and can be pursued by the deceased's survivors in an attempt to recover for the conscious pain and suffering or fear of impending death endured by the deceased before death.

In a wrongful death lawsuit, compensation for the loss of a loved one may include funeral and medical expenses; lost wages, including future earnings; lost benefits (pension, medical, etc.); lost inheritance; and loss of care, guidance, protection and companionship to the survivors. New York State does not allow family members to recover for the pain and mental anguish suffered for the loss of a loved one.

At Lozner & Mastropietro, our Brooklyn attorneys are dedicated to helping families who have lost loved ones recover the compensation they need and deserve. If you believe your family member's death was wrongfully caused by someone's fault or negligence, or you simply need more information, please contact us at 718-615-0044 or click Tell Us About Your Case.

Tell Us About Your Case