Given the hustle and bustle of New York City, accidents are extremely common. In fact, more than 600 auto accidents take place every day in the city. Thousands of other accidents take place at homes and businesses across the city. Although we hope that victims will fully recover from the injuries sustained in an accident, this is far from true.
Instead, thousands of people end up passing away as a result of the injuries they've sustained. The unexpected loss of a loved one can have a detrimental impact on surviving relatives, both immediately and long-term.
There are few things worse than the sudden and unexpected loss of a loved one. Learning that your loved one lost their life as a direct result of another person's reckless, negligent, or careless actions just makes it even more emotional to deal with. After the unexpected death of a loved one, it can be difficult to focus on legal matters. However, you should take the time to discuss your options with an attorney. Your family may be entitled to compensation and it is necessary to act quickly to protect your rights.
Sullivan & Brill, LLP is a New York City law firm that provides results-oriented representation in fatal accident cases. We seek full compensation for every family we represent and the closure that comes with the successful conclusion of a wrongful death case. We understand the challenges that surviving relatives have to face while moving forward after experiencing the loss of a loved one. For this reason, we provide responsive and effective legal representation to ensure they are able to hold those at fault accountable for their actions.
If you have lost a loved one, due to the negligence of another person, contact our wrongful death attorneys in New York City to see how we can help you. Our team is available to meet with you at your earliest convenience and review your loved one's accident to determine the most appropriate option to ensure you get the justice you deserve.
Elements of a Wrongful Death Case in New York
When victims lose their lives in accidents caused by the negligent or reckless actions of others, their surviving relatives are able to file legal claims to hold wrongdoers accountable. Courts rule on wrongful death cases by allowing surviving relatives, and other entitled parties, recover compensation after the death of a loved one. These awards for damages help those affected by the loss move forward and cover the costs they are left to endure.
In New York, claimants are required to prove five elements existed at the time of the accident in order to substantiate the claim. These include proving:
- The defendant acted negligently or recklessly.
- The decedent lost their life as a direct result of the defendant's reckless or negligent actions.
- The decedent would have been able to file a lawsuit against the defendant for the personal injury had they survived the accident.
- The decedent has surviving children, a spouse, or other entitled beneficiaries.
- The surviving spouse, children, or beneficiaries suffered financial damages subsequent to the loss of the decedent.
Although there are several actions that can cause a wrongful death, the death must generally be a result of the misconduct or negligence of another person, company, or other entity.
In order to prevail after filing a wrongful death suit, claimants must be able to demonstrate that the defendant acted in a reckless or negligent manner. They must further prove that the actions of the defendant were the cause of the death. Working with a wrongful death attorney in New York City will provide you with the best chance of proving your case and recovering.
Cases We Handle in New York City
There are various types of accidents that can result in fatal injuries. It is crucial that you retain the representation of a team skilled and knowledgeable with handling wrongful death claims. At Sullivan & Brill, LLP, our team has nearly three decades of experience with handling some of the most complex legal claims for families who have lost loved ones due to the negligence of others. Some of the most common wrongful death claims we handle include victims who have lost their lives in accidents, such as:
- Bicycle Accidents
- Car Accidents
- Construction Accidents
- Cruise Ship Accidents
- Defective and Dangerous Drugs
- Defective Medical Devices
- E-scooter Accidents
- Medical Malpractice
- Monsanto Roundup Lawsuit
- Motorcycle Accidents
- Nursing Home Neglect/Accidents
- Pedestrian Accidents
- Police Brutality
- Premises Liability
- Product Liability
- Public Transportation Accidents
- Truck Accidents
If your loved one has lost their life as a result of another individual's actions, it is crucial that you act quickly to ensure your legal rights are protected. Contact the New York City wrongful death attorneys at Sullivan & Brill, LLP to schedule a free case evaluation to determine what legal options are available for you.
Who is Entitled to File a Wrongful Death Claim in New York?
Although most states provide certain parties with the ability to file wrongful death claims after enduring the loss of a loved one, the state of New York places the responsibility of filing a wrongful death claim on the personal representative of the estate. Family members are only able to file wrongful death claims after enduring a loss if they have been designated as the personal representative of the estate. In some cases, these include:
- The surviving spouse of the decedent.
- The surviving children of the decedent.
- The surviving parents of the decedent.
- The surviving grandparents of the decedent.
Under limited circumstances, wrongful death claims may be filed by any dependent who is able to demonstrate to the court that they suffered financial hardship as a result of the decedent's passing. The personal representative is able to seek compensation to cover the losses suffered by the decedent's heirs, children, spouse, and beneficiaries. Additionally, damages can be sought to cover any losses suffered by the estate of the decedent.
When wrongful death claims are concluded in the favor of the claimant, the damages are then placed into a trust for the surviving family members and those entitled to the awards. The money is then distributed in accordance with intestate laws if no will exists. If there is a will provided on behalf of the decedent, the award will be distributed as outlined in the will.
Filing a wrongful death claim in New York is extremely detailed-oriented and fact-specific. It is imperative that claimants are able to prove that the defendant caused the decedent's death as well as the total amount of damages endured. Working with a wrongful death attorney in New York City can help to provide you with the best chances of holding those responsible accountable.
Our team at Sullivan & Brill, LLP is dedicated to helping you recover the maximum amount of compensation available for your claim. There are strict laws and regulations surrounding the filing of wrongful death claims. They are also guided by a strict statute of limitations. Working with our team can help to ensure your legal claim is filed accurately and timely so you can recover.
We Represent Families Who've Lost Loved Ones
People in New York City frequently lose their lives in accidents due to the negligence of others. Although we want to believe that every person takes the life and wellbeing of others into consideration, this is far from true. In fact, there are many incidents caused by people who engage in reckless or negligent behavior that ultimately leads to the loss of life. At Sullivan & Brill, LLP, our team works to ensure the legal rights and best interests of surviving relatives are protected as they move forward.
Our New York City wrongful death attorneys have extensive experience helping families hold wrongdoers accountable for their actions. We are a full-service law firm that strives to take the hard work off the hands of surviving relatives so they can focus on moving forward. In doing so, our team completes various tasks to ensure our client's legal rights and best interests are protected.
Some of the services we provide for our clients include:
Investigating the accident: Regardless of the type of accident that your loved one lost their life in, our team will investigate the scene of the incident. We will go to the site personally to gather evidence. Our team will take pictures, record videos, and obtain any available surveillance footage from local businesses or homes.
Whenever possible, we will speak with witnesses and gather testimony to provide insight as to what occurred. Whenever necessary, our team will hire specialists who can recreate the scene of the accident to show critical details of what led to its taking place. We will get a police report of the accident and build a solid case that shows how and why the accident occurred.
Determine the cost of the accident: When it comes to filing a wrongful death claim, these lawsuits are designed to provide families with financial compensation for losses they have been forced to endure as a result of the accident. Our team will gather medical records, repair or replacement statements for property, and funeral expenses.
Additionally, we will work with financial experts who can calculate the full amount of wages a decedent would have earned had they not lost their life. We will also gather evidence, documents, and information to demonstrate the financial and non-economic impacts families are forced to endure after experiencing the loss of a loved one due to the negligence of another person.
Fight to get you justice: Once we put together solid claims on behalf of our clients, and gather documents that demonstrate the full impact the accident had, we will use this information to aggressively negotiate full and timely compensation payouts. Our team will fight to get you the maximum amount of compensation available from those who caused harm to your family.
If we are unable to come to a settlement agreement, our team will take your case to court and provide responsive and effective legal representation for you. Our ultimate goal is to help you recover so your family is in the best position possible to move forward, given the overwhelming consequences you have been forced to endure.
If your loved one has lost their life in an accident, it is crucial that you seek legal guidance as soon as possible to ensure your legal rights are protected. Working with a seasoned wrongful death attorney in New York City can make a world of difference in your ability to recover. Whether your family member died as the result of a New York City car accident, construction accident, medical malpractice, or another type of accident, Sullivan & Brill, LLP can represent you.
We will undertake a thorough investigation of the event to establish the liability of all responsible parties. We will also make a full accounting of your compensable losses, and seek the best possible monetary award or settlement.
Sullivan & Brill, LLP will be your strong advocate, working hard to protect your family's rights and obtain compensation for you. In private conversations, our attorneys and staff will provide you with compassionate support during this difficult time in your life. We want to help you obtain the compensation and closure you deserve.
Compensation in a New York Wrongful Death Case
Families who experience the loss of a loved one often face overwhelming mental, emotional, and financial burdens. In some cases, surviving relatives may be entitled to compensation to help alleviate some of the costs moving forward.
Our team at Sullivan & Brill, LLP has decades of experience helping families hold wrongdoers accountable and maximizing their recoveries. Legally speaking, we will be representing the estate of the deceased. The heirs of the estate are entitled to any proceeds from a wrongful death lawsuit. These can include:
- Funeral costs: Many families are unprepared to cover the costs of funerals, burial services, and other end-of-life expenses. For this reason, we work diligently to help our clients obtain full and fair compensation to alleviate these costs.
- Medical costs prior to death: There are many instances where victims are hospitalized following accidents. These incidents can result in towering medical costs. Our team helps families obtain the compensation they need to cover the medical costs resulting from the accident.
- Income your family member would have earned prior to his or her death: Quite often, victims who lose their lives in accidents are those whose families depend on. When victims lose a source of income, it can have an overwhelming impact on the financial and mental health of surviving relatives. For this reason, we help families obtain compensation to cover the lost income a worker would have been expected to make had them been able to continue working until their retirement.
- Pain and suffering: Payments for pain and suffering are available to cover the pain and suffering of a victim as well as the pain and suffering surviving families endured as a result of seeing their loved ones struggle and pass on.
- Financial support and services your family member would have provided had he or she lived: Our team strives to help families recover full and fair compensation to alleviate the costs related to hiring people to provide services that the decedent provided for them.
- Loss of inheritance: The attorneys at Sullivan & Brill, LLP are dedicated to helping surviving relatives recover compensation to cover the loss of inheritance that surviving family members would have received had their loved one passed on naturally, at a later time.
- Loss of parental guidance: The loss of a parent can have a life-altering impact on children. For this reason, we help those harmed to recover the maximum amount of compensation for these damages.
Dealing with the sudden and unexpected loss of a loved one is mentally and emotionally challenging for surviving relatives. These difficult times are only made worse by overwhelming financial burdens. For this reason, it is crucial that families reach out to a wrongful death attorney in New York City to protect their legal rights. Sullivan & Brill, LLP work diligently to help obtain full compensation for you.
Recovering Punitive Damages for Your Wrongful Death Claim
There are some instances where claimants are able to recover punitive damages through the filing of wrongful death claims. Punitive damages are not awarded to families to compensate them for any specific loss. Instead, these awards are provided to claimants as a way to punish the at-fault party.
In order for a claimant to recover punitive damages, they must prove not only that the defendant's actions were intentional, but that the degree of negligence and dishonestly demonstrates a criminal indifference to their civil obligations. Proving that the at-fault party was severely negligent can be challenging. For this reason, it is crucial that you reach out to a wrongful death attorney in New York as soon as possible to get started on your claim. Working with a skilled legal team can help you prove extreme disregard for the life and safety of others was a leading cause of the accident.
If the decedent was partially at fault for the accident that ultimately claimed their life, surviving relatives are still able to file wrongful death claims under various circumstances. These incidents fall under comparative negligence laws. In these cases, courts are able to award damages based on the percentage of fault caused by the defendant.
It is crucial that you are able to demonstrate all circumstances leading up to the accident so the court is in the best position possible to determine the degree of fault shared by the defendant. Doing so can help you maximize your recoveries.
Contact the New York City legal team at Sullivan & Brill, LLP as soon as possible to get started with your claim. Our team will work on your behalf to gather evidence and information that is detail-oriented and fact-specific that can be used to show how the defendant shared the majority of the fault and should be held accountable.
Representing Families of Victims of Fatal Accidents
Tens of thousands of people lose their lives in accidents due to the negligence of other parties. These incidents often leave families unsure of how to move forward. Indeed, there are few things worse than the sudden and unexpected loss of a loved one. Knowing that they lost their life as a result of another person's actions just makes the loss even more challenging to accept.
Regrettably, many people are unaware that they may have legal options available to help them recover and move forward. Working with a responsive and knowledgeable wrongful death attorney in New York City can help to ensure you are in the best position possible to move forward.
For nearly three decades, the attorneys at Sullivan & Brill, LLP have provided compassionate yet aggressive legal representation to bereaved families who have lost loved ones due to the negligence of other parties. Our team protects the legal rights of our clients and works hard to ensure their best interests are protected every step of the way.
We understand the importance of helping families get the justice and compensation they deserve after losing loved ones. Although there is no amount of money that can ever replace the lives of those taken away, it can help families alleviate some of the stress related to the financial burdens they face moving forward. If you have lost a loved one in an accident, you do not have to move forward alone.
Call our team today at (212) 566-1000. By scheduling a free no-obligation consultation at your earliest convenience, you can meet with our trusted wrongful death attorneys in New York City to explore legal options available to help you recover.