NEW YORK WRONGFUL DEATH ATTORNEYS 

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IF YOU LOST A LOVED ONE IN NEW YORK CITY OR WESTCHESTER - CALL US

Our law firm is experienced in handling wrongful death cases and has the compassion and understanding to handle your case with the dignity and respect it deserves. As New York Wrongful death attorneys, we understand how unfair and cold the system can be. We treat all of our wrongful death cases with the sensitivity you expect and will aggressively pursue your lawsuit in the New York court system.

A loss of a spouse, a bread winner or a child is a devastating and life changing event. A senseless fatality where a loved one is killed because of the negligence of another person or a company cutting corners ads insult to injury. Our wrongful death lawyers know the pain that you are going through. We have attended funerals, widows have cried on our shoulders over the loss of a spouse. We have held the hands of parents who have lost children. No matter how many wrongful death cases we handle, each case is different and we never forget that the deceased was a person with a family.

Our New York City and Westchester wrongful death lawyers have a combine six decades of experience and can handle a wide variety of accident cases which result in a fatality. Although no amount of financial compensation can make up for the loss of a loved one, the responsible party should be held financially accountable for the damage they caused. Our wrongful death attorneys work tirelessly to make sure the responsible party pays for their actions. 

There were almost 170,000 preventable deaths in 2017. 

NEW YORK CITY AND WESTCHESTER
WRONGFUL DEATH ATTORNEYS

Our New York wrongful death attorneys have experience handling a wide variety of cases involving wrongful death. No matter how your family member died, if another person or a company was at fault for their death, our lawyers will work tirelessly to make sure the at fault party is held responsible to the full extent of the law. 

CAR AND TRUCK ACCIDENTS WITH FATALITIES

There are over 40,000 motor vehicle fatalities every year. 

                   

Our New York City and Westchester attorneys have handled numerous cases involving fatal car crashes.If your loved one died as a result of a car or truck accident, their beneficiaries are entitled to compensation. When a sudden and unexpected loss occurs, there are so many questions that loved ones ususally have. Who is going to pay for the funeral costs? How am I going to handle all of these issues? New York law is complicated and you need an attorney with experience in handling fatal car crash cases. 

New York law requires that the insurance company for the car that your family member was in provide certain benefits, which are commonly called no fault death benefits. These benefits include payment for any ambulance, hospital or medical bills for treatment they received before they died. Also New York law allows up to $50,000 for other necessary expenses, such as funeral and burial costs. There is also a mandatory $2,000 death benefit. If your family member was a pedestrian that was hit by a car, the insurance company for the car that hit the pedestrian has to provide these payments. New York law can be unforgiving, and requires that an application for these benefits be filed within 30 days of the accident. So to make sure you get the benefits that you are entitled to, call our New York City and Westchester fatal car crash lawyers. Our attorneys can prepare and file the no fault application on the same day we meet with you. 

If your family member was working when the accident occurred, for example if they were a commercial driver, or a delivery person or an Uber driver and were working when the accident happened, then they are entitled to workers compensation benefits.

In addition, if the other car was at fault for the accident, or even partially at fault for the accident, our lawyers will sue the other driver for negligence. In a negligence law suit, a family member can recover money for the finanical loss that the family member incurred, including future lost income, as well as for loss of services, which our attorneys regularly hire economists to value. Also New York law allows the family to recover damages for their family member's pain and suffering, prior to their demise. 

Another reason to hire a lawyer right away is to make a claim for supplemental under insured benefits. New York law requires that if you have a good insurance policy, with high limits, and your family member is hit by someone with New York's minimum liability insurance limits, (only $25,000), then you can recover from your own insurance company, up to the limits that you have. In other words, if you are a responsible car owner, and paid for good insurance one of the benefits you get is the ability to get compensation from your own policy if someone with a minimal policy caused a fatality. To claim these benefits you have act promptly, so it is important to hire a New York attorney with experience in handling car fatality cases. 

CONSTRUCTION ACCIDENT FATALITIES

                                           

Work place and industrial accidents continue to be a leading cause of death of fathers and husbands, often leaving widows with children to care for, unsure where to turn and what their future holds. All too often, good men who show up to work to earn a paycheck and put food on the table for their family and often end up not coming home because of unsafe construction practices. According to the Occupational Safety and Health Administration in 2017, there were 5,147 workers were killed at work, which is a twenty five percent increase from 2010. That is 5,147 families that should not be grieving for their loved ones. That is 5,147 honest people who went to work and never returned home. Over 20% of all work place deaths are caused by construction accidents and falls on the work site account for about 40% of all construction fatalities, with workers who are struck by objects accounting for 8% all construction accident deaths and electrocution accidents are responsible for 7% of all construction accident fatalities.

If you lost your spouse in a construction accident in New York, you are entitled to much more than just workers compensation. New York's Labor Laws allow you to sue the general contractor and site owner for all types of unsafe site conditions and practices, including unsafe scaffolds, unsafe ladders, the failure to provide harnesses and fall protection, unmarked electrical lines or electrical lines that were engergized when workers were near them resulting in electrocution, unsafe hoisting practices, unsafe operation of construction machinery and equipment, unsafe material handling, hazardous openings that did not have proper railings, and many other unsafe worksite practices.


New York's Labor Laws allow you to sue for the financial support you suffered because of  your spouse's death, including the loss of their fringe benefits, their pain and suffering, as well as medical and funeral bills.  

Our New York City and Westchester construction accident lawyers have decades of experience in representing injured construction workers and the families of people who have died in tragic accidents. We know the construction industry and how to prove that your loved one died because the general contractor cut corners on safety and violated the New York Labor Laws and Industrial Code, which were enacted to prevent these types of accidents from happening. 

DEATH ON THE HIGH SEAS - MARITIME ACCIDENTS

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Our New York wrongful death attorneys have particularly extensive experience in industrial accidents involving maritime accidents under the Jones Act, the Death on the High Seas Act and the Longshore Harbor Workers Compensation Act. These types of cases involve a specialized area of law that alot of attorneys in New  York, simply are not knowledgeable about. 

The Death on the High Seas Act allows the family of a maritime worker or other person who died at sea, to sue the vessel owner for negligence that caused the person's death.  Regardless of where the accident occurred, a lawsuit can be filed in New York, if the vessel's home port is New York, or the vessel owner or shipping company is based in New York, even if the death occurred in international waters. For professional mariners, such as merchant marines, ferry workers, commercial fisherman, tug and barge workers and other seamen, the Jones Act also allows the family to sue for pre-death pain and suffering that their loved one endured prior to their demise. 

Our New York martime lawyers have decades of experience in handling martime cases. We know the industry and how to prove that the vessel owner, shipping company or fishing boat's crew was at fault.  Our attorneys know that if a seaman or fisherman was working on the rail, there is no reason for them to have fallen overboard because they should have had a life line. If vessels are properly equipped and navigated, they would not get lost at sea. Fishing boats are notorious for overloading their boats with the catch, which dramatically increases the likelihood that they will capsize or take on water and sink. If a commercial vessel sailed into a bad storm, or an area, known to have hostile pirates, those are navigational errors, where safer routes are available. If your loved one was struck by something that was being hoisted or pulled with a winch, then there was probably some negligence involved. These are just a few examples of the types of cases that result in a wrongful death at sea. 

If  your family member was lost at sea, call our New York lawyers who handle maritime fatality cases.  

If your family member was a Longshoreman, bridgeworker or dock worker, such as a dock builder and they died while at work, they are also entitled to death benefits under the Longshore Harbor Workers Compenation Act. Additionally, if they were involved in an accident that was the fault of someone other than their co-worker, they may be able to sue the responsible party. 

MEDICAL MALPRACTICE AND WRONGFUL DEATH

Our New York wrongful death attorneys who practice medical malpractice know that medical error are responsible for an unacceptable number of deaths, that should not have occurred. Medical errors are the third leading cause of death behind cancer and heart attacks and a recent study by Johns Hopkins found that over a quarter of a million people die each year because of medical errors. 

If your loved one died because of a medical error, the doctors will not likely admit it to you, so you should consult with a medical malpractrice wrongful death attorney immediately.  A doctor medical office or hospital can be sued for medical malpractice if they departed from accepted standards of care in treating a patient. Some of the most common examples include failure to diagnose a condition that requires emergent care, such as a heart attack, and the hospital instead releases the pateint, when they should be admitted. Another common example of medical malpractice includes when doctors fail to properly investigate a patient's symptoms, such as in the case of cancer, which allows the condition to progress to the point where it can no longer be treated. Other examples include situations where the doctors administer incorrect or contra-indicated medicine, which causes a reaction with the patient's underlying conditions or other medications that are being administered. Another frequent issue that arises, is when patients develop infections as a result of a surgical procedure, either because the facility was not properly sterilized or the doctor did not prescribe anti-biotics after the procedure. 

The first step in investigating any medical malpractice case which resulted in death, is to determine exactly what the cause of death was. Where there is any uncertainty or you are not sure you are being given the correct information, our New York medical malpractice wrongful death attorneys recommend that you request an autopsy. Only an autopsy can definitively establish the cause of death, where there is undercertainty. 
 
If you lost a family member and suspect that there was medical malpractice, call our New York medical malpractice attorneys today. 
 

POLICE BRUTALITY- DEATH WHILE INCARCERATED

Wrongful death in police custody is not an uncommon occurrence. If you were told your loved one committed suicide, you may not be getting the whole story. Always request an autopsy to determine what the true cause of death was. Our N.Y.C. wrongful death attorneys have experience in analyzing medical evidence to find the truth. Often evidence of extensive body trauma, can undermine the official version that the person killed themselves, and the only way to get the medical proof to expose that the official version is a lie, is to request an autopsy. If you suspect that the police or corrections officers were responsible for the death of your loved one, call our office today. 

POLICE SHOOTINGS

Both Federal and New York State law allow the family of someone who was wrongfully shot by the police to sue for damages.  The police are only allowed to use deadly force under very limited circumstances, such as where the officer has probable cause to believe that the suspect poses a threat of serious physical harm to either to the officer or to others. Where a suspect is merely trying to escape, especially for a non-violent crime or one where a weapon was used, it is not reasonable for the officer to use deadly force. Even is someone is guilty of a crime, and running away, that does not justify their being shot by police.  

The police know this standard and are in fact trained to write up their reports to justify the use of force. In most police shooting cases, the officer requests medical assistance for shock, so that they can meet with their union representatives before they have to answer questions. Our New York police shooting lawyers know how to look at the evidence to expose the usual fabricated story. For example, where a suspect was unarmed and was shot in the back, the defense that an officer was in fear from a suspect that was running away from him, is not usually a convincing argument.  

If a family member of yours was shot by the police and was unarmed, call our New York City police shooting lawyers for a free consultation. 

THERE ARE TIME LIMITS AND PROCEDURAL STEPS THAT YOU NEED TO TAKE YOU NEED HELP 

After a fatality accident, there are often highly technical things that must be done and there are time limits on certain types of actions, which most people are not aware of. Unfortunately, this means that while you are still grieving the loss of your family member, the law requires that you take actions to protect your legal rights, including getting an estate set up. In New York, the law requires that a wrongful death lawsuit be filed by the  personal representative, not the next of kin. The personal representative is generally the executor of a deceased person’s will, or if there is no will, the estate laws give priority to a surviving spouse or parent of the decedent's child. Sometimes a personal representative may be another individual who is appointed by the Surrogate’s Court. In most situations, a wrongful death case must be filed within two years after the fatal accident.Even many lawyers are unaware that any lawsuit for wrongful death must be commenced by the estate representative, not the spouse or nearest family member. This means that you need to file a petition in the New York Surrogates Court to be appointed as the Estate representative to be able to file a lawsuit.

In certain situations, where there are numerous children by different mothers or feuding family members, this can complicate the process and even endanger the viability of a case. 

Also, if your loved was killed by a municipal vehicle, a municipal employee such as a police officer or a City Hospital, then under New York state law, you need to file a notice of claim within 90 days of the incident. In a car accident case, there are statutory death benefits that the next of kin is entitled to, but the appropriate forms have to be filed with the correct insurance company within thirty days of the occurrence. 

After the loss of a loved one, you are in no shape to take these actions. Our law firm takes care of these formalities as part of our representation. Call us today at (212) 858-0503 to speak with our New York City wrongful death lawyers or call our Westchester wrongful death attorneys at (914) 574-8330. 

LOSS OF A CHILD THE SINGLE PARENT vs. THE DEADBEAT PARENT

Our wrongful death attorneys know that when a child was killed in a fatality, the grief that a single mother or father experiences, is only made worse, when a parent who abandoned the child shows up and demands a part of the settlement. While New York law generally recognizes that both parents have the right to share equally, the proceeds of a wrongful death action on behalf of a child, New York law also has a little utilized provision that allows the parent who raised the child to bring a petition to exclude the other parent, based upon abandonment. Our attorneys have successfully brought abandonment proceeds and are committed to making sure that parents who were not there for their children during their life, should not profit from their death. 

The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

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535 5th Ave
Ste 2520
New York, NY 10017

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203 E Post Rd
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