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Wrongful Death

NEW YORK WRONGFUL DEATH ATTORNEYS

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 wrongful death lawyers in New York, 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 and 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 experienced wrongful death lawyers have handled cases all over the State of New York both in the Federal and State Courts. We have particularly extensive experience in industrial accidents including maritime accidents under the Jones Act, the Death on the High Seas Act and the Longshore Harbor Workers Compensation Act. We are have extensive experience in litigating fatality cases in the New York State Courts and have handled cases involving commercial trucking accidents, bus accidents, pedestrians hit by cars and construction accidents.

After a fatal accident, you need an attorney to help you secure every right to which you may be entitled for death benefits, and compensation under New York’s wrongful death laws. Making the wrongdoer pay what they deserve to pay requires a careful analysis of their pecuniary compensation to your financial well being and experience in documenting the pecuniary loss which you suffered.

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 certain situations, where there are numerous children by different mothers or feuding familty members, this can complicate the process and even endanger the viability of a case. 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 has resulted in many valid lawsuits being dismissed. 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.

Consultations are always free and there is never a fee unless you recover.

 
The Law Offices of Michael H. Joseph