We Bring Empathy And Experience To Wrongful Death Lawsuits
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 a wrongful death case (1) proving fault, and (2) 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.
Please note, there are also strict limitations concerning the time to file a wrongful death lawsuit.
To speak with an experienced attorney regarding the death of a family member, please contact our law office to schedule a complimentary consultation. Our lawyers have the experience to quickly evaluate your case and counsel you on how to proceed.
Survival Action Claims
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. It 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.
Who Can File A Wrongful Death Or Survival Action Lawsuit?
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.
What Does Compensation Include?
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
- 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.
Compassionate. Experienced. Dedicated.
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. 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.
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 use our online contact form to schedule a free consultation.