Wrongful death is a legal term that refers to a death caused by someone’s negligence or intentional act. Negligence may include medical malpractice, auto accidents, and accidents that result from working in unsafe conditions; intentional acts may include crimes. However, a wrongful death claim is a specific type of personal injury claim and is separate from any criminal proceedings that may be brought against a defendant.
If you or a loved one suspect a wrongful death due to negligence, contact Rosenberg, Minc, Falkoff & Wolff, LLP today to discuss your case. You may be eligible for significant compensation.
The most common causes of wrongful death include:
The only person who is eligible to file such a lawsuit is a statutory beneficiary of the deceased person. “Statutory” relates to the term “statute,” which is a rule made by a legislative body. A statutory beneficiary is someone who is a beneficiary of the estate, as defined by New York State laws. It may be a spouse, a child or a parent. If it is not clear who the statutory beneficiary is, this must be established before a claim can be made.
In the State of New York, you have two years from the date of the death to file a lawsuit, unless the claim is against a municipality. In such a case, the claim must be filed within 90 days. It is critical that you contact our firm quickly if you believe you have a wrongful death case. Once the window of opportunity closes, it closes forever, and you will lose your opportunity to recover damages, including:
The experienced lawyers at Rosenberg, Minc, Falkoff & Wolff can help you determine:
When people think of “expert testimony,” it usually has to do with medical issues related to the cause of death. By and large, this is quite true, and our firm will obtain whatever experts are needed to prove your case, with no out-of-pocket expenses on your end.
However, a real estimate of damages for lost earnings and benefits is not necessarily as straightforward as it may seem and may require an expert to put together a compelling and understandable presentation for the judge and jury. This, too, would be at no cost to you while your case is moving through the court system or negotiations with an insurance company.
For nearly a century, Rosenberg, Minc, Falkoff & Wolff has been winning cases for its clients. We have a 95 percent success rate and have garnered the two largest payments to clients in the State of New York. There is, of course, no guarantee, but the consultation is free, and there is no fee unless we win. Call today for the experienced legal counsel you deserve.