Wrongful Death Attorney
Losing a loved one to a motor vehicle accident, medical malpractice, or some other form of negligence is devastating.
The Law Office of Michael H. Joseph, PLLC is sympathetic to your situation. Let us help you with your wrongful death claim.
Our New York City and White Plains offices offer free case reviews. We work on a contingency basis, meaning you only pay if we win.
A Compassionate Approach to Wrongful Death Claims
As New York wrongful death attorneys, we understand how difficult a wrongful death is to process. We treat all of our wrongful death cases with sensitivity and will aggressively pursue your lawsuit in the New York court system.
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 lawsuits we handle, each case is different. We never forget that the deceased was a person with a family and loved ones who are still processing their loss.
How Our Wrongful Death Attorneys Can Help You
Michael Joseph is the best personal injury attorney I could have chose for my case. He fought hard for me. Michael is extremely talented technician and an outstanding attorney. He is very skilled and smart. I was blessed to have chosen Michael Joseph as my personal injury attorney. He did an outstanding job and fought hard, to get me the most money I deserved for my case. We won big!View on Google
I found the Law Office of Michael H. Joseph, PLLC to be extremely professional. Mr. Joseph and his staff worked swiftly to settle my case with very successful results. Mr. Joseph also responds to texts quickly. I highly recommend this law firm to handle personal injury needs. Thank you for assisting me and my family.View on Google
Car and Truck Accidents That Cause Wrongful Death
Our New York City and White Plains attorneys have handled numerous wrongful death claims involving fatal car crashes. When a sudden and unexpected loss occurs, there are so many questions that loved ones usually have. Our attorneys can help you navigate New York Law and advance your wrongful death lawsuit.
What the Law Says
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, emergency care, and hospital or medical bills for treatment they received before they died.
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. To get the benefits that you are entitled to, call our New York City and White Plains lawyers today.
Proving Negligence in a Fatal Car Accident
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 lawsuit, a family member can recover money for the financial loss that the family member incurred. This includes future lost income as well as loss of services, which our attorneys regularly hire economists to value.
Construction Accident Fatalities
If you lost your loved one in a construction accident in New York, you are entitled to much more than just workers' compensation. New York's labor laws allow people to file a wrongful death claim against the general contractor and site owner for all types of unsafe site conditions and practices, including:
- Unsafe scaffolds
- Unsafe ladders
- Failure to provide harnesses and fall protection
- Unmarked or energized electrical lines
- Unsafe hoisting practices
- Unsafe operation of construction machinery and equipment
- Unsafe material handling
- Hazardous openings that did not have proper railings
You may be entitled to the loss of your loved one's 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 New York Industrial Code Rules and related labor laws.
Wrongful Deaths on New York's Waterways
Our New York City maritime lawyers know the industry and how to prove that the vessel owner, shipping company, or fishing boat's crew is at fault in the case of wrongful death. Fishing boats are notorious for overloading their boats with the catch, which dramatically increases the likelihood that they will capsize or sink. If a commercial vessel sailed into a bad storm or near known hostile pirates, the captain or vessel owner can be liable for wrongful death at sea.
Whether the incident occurred on the Hudson River or East River, on the Long Island Sound, or on the high seas, 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.
The Jones Act also allows the family to sue for pre-death pain and suffering that their loved one endured prior to their demise. If your family member was lost at sea, call our New York lawyers to start your wrongful death claim.
Medical Malpractice And Wrongful Death Cases
A doctor or hospital can be sued for medical malpractice if they departed from accepted standards of care in treating a patient.
One example includes failure to diagnose a condition that requires emergent care such as a heart attack. Failing to properly investigate a patient's symptoms, such as in the case of cancer, is also considered medical malpractice. Another instance is when patients develop infections as a result of a surgical procedure and the doctors fail to administer life-saving measures.
If you lost a family member and suspect you have a wrongful death case, call our New York medical malpractice attorneys today.
Who Can File a Wrongful Death Claim?
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. 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.
Becoming a Personal Representative
You need to file a petition in the New York Surrogate's Court to be appointed as the personal representative of the deceased to be able to file a wrongful death claim.
Wrongful Death Laws Can Be Confusing
Some lawyers are unaware that any lawsuit for wrongful death must be commenced by the estate representative, not the spouse or nearest family member. In certain situations in which there are numerous children by different mothers or feuding family members, this can complicate the process and even endanger the viability of a case.
Contact Us Today for Clarity
Our New York City and White Plains wrongful death lawyers can help you determine if you can file a wrongful death case or what steps you need to take to file one. We will fight for the maximum compensatory damages and punitive damages you are entitled to. Call our New York City wrongful death lawyers at (212) 858-0503 or call our Westchester wrongful death attorneys at (914) 574-8330.
This firm has a great team of professional lawyers I will recommend it Tienen un equipo competitive y ambicicio para resolver toda clase de negligencia Se los recomiendo Matilde Levano Good service They make my case smoothly and professionalView on Google
Definitely the best personal injury lawyer around. They got me the best outcome for my case! I would definitely return to their office in the future. Very professional and responsive. They fight long and hard to get the best compensation possible for your case. Definitely will refer acquaintances here.View on Google
Death While Incarcerated
Wrongful death in NYPD custody is not an uncommon occurrence. Our New York City wrongful death attorneys have experience in analyzing medical evidence related to police misconduct.
If you suspect that the police or corrections officers were responsible for the death of your loved one, call our office today.
Both Federal and New York State laws 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. When a suspect is merely trying to escape, it is not reasonable for the officer to use deadly force.
Even if someone is guilty of a crime and running away, that does not justify their being shot by police.
Our New York police shooting lawyers know how to look at the evidence to expose the usual fabricated story. 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.
I can't thank Michael enough! He asked excellent questions to reveal the lies from the plaintiff and their fraudulent witnesses. He exposed most of the illegal activities the plaintiff is still involved in and the abuse and negligence with all of her homes and their/her own family. He proved my innocence, and showed the public that what happens in the dark will soon come to light. Time to heal and move forward with my life. Thanks Michael!View on Google
En mi opinión si pudiera darle 10 estrellas se lo daria a este excelente abogado, cuando El tomo mi caso no había muchas chances de lograr obtener algo pero Michael Como buen profesional y excelente abogado nunca dudó que podría obtener algún beneficio para Mi , mi caso fue un caso muy particular y con muy poca chances , Michael Josep confió y nunca desistió y después unos años sin El bajar los brazos , consigo finalmente obtener una ganancia buena , yo en lo personal , recomiendo a este exelente abogado para incluso en los casos imposibles porque El lo hace possible, estoy muy feliz por lo que hizo por mi y siempre estaré agradecido .View on Google