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Loscalzo & Loscalzo, P.C. Wrongful Death

Wrongful Death Lawyer Manhattan

Compassionate Legal Support for Wrongful Death Claims in New York

When a person is killed as a result of another person’s negligent or reckless actions, it can be incredibly difficult for surviving family members to cope. Although no amount of money can replace a lost loved one, New York law does provide some relief to the deceased’s surviving family members.

If you have lost someone in a wrongful death accident, an experienced attorney can help you recover financial compensation for both your economic and non-economic losses.

Understanding the legal parameters of wrongful death claims is essential. New York law specifies who is eligible to file a claim, often limited to spouses, children, and sometimes parents of the deceased. The process involves the thorough gathering of evidence to prove negligence or recklessness, requiring experienced legal guidance. A personal representative of the deceased's estate typically initiates the process, and having dedicated legal support can be the crucial difference in building a compelling claim.

To speak with a Manhattan wrongful death attorney, call our firm at (646) 846-4776 to schedule a free consultation.

Leading Causes of Wrongful Death Incidents

Wrongful death accidents can result from a wide range of personal injury incidents, including:

Negligence in Wrongful Death Claims in Manhattan

To successfully file and win a wrongful death lawsuit, you must prove that the victim was killed as a result of another person’s negligence or recklessness. Once you have won your case, you may be entitled to both economic damages and non-economic damages.

Economic damages are awarded to cover the cost of any medical treatment that was needed either after the accident or before death, lost future income, lost benefits, estate planning expenses, administrative expenses, funeral expenses, and attorney fees.

Establishing negligence requires demonstrating that the defendant owed a duty of care to the deceased, which they breached, directly causing the wrongful death. This can involve gathering witness testimony, expert opinions, and using accident reconstruction techniques to clearly establish the circumstances leading to the incident. Lawyers play a critical role in presenting this evidence compellingly to ensure that all responsible parties are held accountable for their actions.

Calculating Compensation for Wrongful Death Cases in New York

When someone else’s carelessness or deliberate actions cause a loved one’s life to be brutally cut short, it can have a devastating impact on the surviving family members. In a wrongful death case, New York law permits the surviving family members to receive compensation.

Wrongful death compensation can help ease the financial burden caused by the loss and provide some level of justice for the family. The amount of compensation awarded in a wrongful death case can vary depending on several factors, including:

  • The age and earning capacity of the deceased
  • The financial and emotional dependency of the surviving family members
  • The extent of the loss suffered by the family
  • The level of negligence or wrongdoing involved

At Loscalzo & Loscalzo, P.C., our professional Manhattan wrongful death attorneys understand the complexities of wrongful death cases and can help you navigate the legal process to seek the compensation you deserve. We will work diligently to build a strong case on your behalf, gathering evidence, consulting with experts, and advocating for your rights every step of the way.

While no amount of money can truly compensate for the loss of a loved one, pursuing a wrongful death claim can provide financial stability and a sense of closure for the surviving family members. Do not hesitate to reach out to Loscalzo & Loscalzo, P.C. and request a consultation with one of our seasoned wrongful death lawyers. We are ready to answer your questions.

Understanding Wrongful Death Laws in Manhattan

Were you aware that wrongful death laws in Manhattan are designed to protect families and provide justice? These laws outline who can file a claim, typically immediate family members, and detail the kinds of compensation available. Compensation can cover medical and funeral expenses, loss of inheritance, and loss of parental care. 

Navigating these laws can be complex, making it crucial to have legal support that understands local Manhattan regulations and precedents. Our team at Loscalzo & Loscalzo, P.C. offers that level of detailed legal guidance. Manhattan courts emphasize the importance of clearly establishing the connection between the defendant's actions and the death. 

This is why thorough documentation and evidence are paramount in building a case. Local legal procedures can be unique, requiring familiarization with Manhattan's specific judicial practices. Our lawyers have decades of experience handling such cases within this unique framework, ensuring you receive knowledgeable representation tailored to local legal nuances.

The Role of Wrongful Death Lawyers in Manhattan

Choosing the right wrongful death lawyer can make a significant difference in your claim. Our attorneys in Manhattan not only offer empathy and support but also bring an in-depth understanding of the intricacies involved in these cases. We will conduct comprehensive investigations to identify all liable parties and responsible actions. Our services extend from filing necessary paperwork to negotiating settlements with tact and precision. Our attorneys prioritize your peace of mind while ardently advocating for your rights.

Our approach is personalized to each client, recognizing that each wrongful death is uniquely devastating. We take the time to understand the full impact on your family, ensuring every facet of your loss is acknowledged and pursued. From the initial consultation to the resolution of your claim, our lawyers maintain open communication, offering updates and advice tailored to your specific circumstances. By partnering with us, you gain a committed advocate focused on achieving a just outcome for your family.

Support & Resources for Families in Manhattan

Beyond legal support, families in Manhattan dealing with wrongful death can benefit from a range of community resources. Local support groups offer emotional assistance and help you connect with others facing similar challenges. Organizations like the New York State Crime Victims Legal Network can provide additional guidance and support. Our attorneys often coordinate with such resources, ensuring our clients have access to comprehensive care beyond the courtroom.

Understanding the full spectrum of resources available can alleviate some stress associated with a wrongful death. From grief counseling services to financial planning advisors, families have avenues to seek both emotional relief and financial guidance. Our team is dedicated to connecting you with these services, demonstrating our commitment to your holistic well-being during this difficult time. We strive to ease the burden on families, allowing them to find stability and strength in the wake of loss.

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Manhattan Wrongful Death Lawyers Ready to Assist You

In the aftermath of a wrongful death accident, we know that the last thing on your mind is filing a lawsuit. At Loscalzo & Loscalzo, P.C., we understand that this is an incredibly difficult time in your life, and that’s why we are here to help.

Our experienced Manhattan wrongful death attorneys will sit down with you to discuss your case and all of your legal options. We will then review the accident report and medical records and deal with the insurance company so you don’t have to. Most importantly, we are here for you, to help you through this tragic time, and to get you the financial compensation you deserve.

Our team is committed to offering compassionate support and legal guidance throughout the entire process. We strive to create a supportive environment where our clients feel seen and heard, recognizing the emotional and financial upheaval caused by such a loss. This dedication to personalized care ensures that each client's journey through the legal system is as smooth and stress-free as possible.

Contact Our Manhattan Wrongful Death Lawyers for a Free Consultation Contact Loscalzo & Loscalzo, P.C. at (646) 846-4776 to discuss your case.

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Frequently Asked Questions About Wrongful Death Claims

What Compensation is Available in Wrongful Death Lawsuits?

If you file and win your case successfully, you are entitled to both economic damages and non-economic damages. Economic damages are awarded to cover the cost of any medical treatment that was needed either after the accident or before death, lost future income, lost benefits, estate planning expenses, administrative expenses, funeral expenses, and attorney fees. Non-economic damages may include pain and suffering related to your loved one’s passing.

Non-economic damages are more subjective and aim to address the emotional and psychological impact that the loss of a loved one has on the surviving family members. This can include loss of companionship, emotional distress, and the loss of guidance or mentoring from the deceased. The complexity of calculating these damages underscores the necessity of having a dedicated lawyer to effectively communicate these intangible losses in court.

Time Limits for Filing a Wrongful Death Claim in New York

In New York State, there is typically two years from the date of passing for filing claims relating to wrongful deaths. It is important that you contact an experienced attorney as soon as possible following your loss so that they may begin preparing your case within this time period.

Acting promptly is crucial because the process of building a strong claim requires significant time for investigation and evidence gathering. Delays can also result in the fading of witness memories and potential loss of critical evidence. Experienced attorneys can also help identify any exceptional circumstances that might influence the statute of limitations and ensure that your case meets all necessary legal timelines.

Who Can File a Wrongful Death Claim in Manhattan?

In Manhattan, as across New York, the personal representative of the deceased person’s estate files a wrongful death claim. This might be a family member or an individual appointed by the family or the court. Typically, the immediate family members such as the spouse, children, and sometimes parents are beneficiaries of the claim. It's critical to have competent legal advice to navigate these relationships and determine the best course of action. Consulting with experienced attorneys ensures your rights are fully protected.

The process involves establishing the rightful beneficiaries and understanding the legal implications for each. A knowledgeable attorney will guide you through the intricacies of identifying who has the legal standing to bring the claim and assist in organizing the necessary documentation and evidence. This expertise is instrumental in crafting a comprehensive claim that accurately reflects the family's needs and circumstances.

What is the Role of a Manhattan Wrongful Death Attorney?

A wrongful death attorney in Manhattan plays a multifaceted role. From the initial consultation, where they evaluate the merits of your claim and explain your rights, to the conclusion of the claim, these attorneys handle every step. Their roles include investigating the incident, collecting relevant evidence, and liaising with expert witnesses to build a strong claim. Moreover, they engage in negotiations with insurance companies and opposing parties to secure a fair settlement. If necessary, they represent you in court to pursue justice through litigation.

Engaging a knowledgeable attorney from Loscalzo & Loscalzo, P.C. ensures that all the procedural steps are correctly followed, safeguarding against any legal missteps that could hinder the claim's success. Their significant experience in this area positions them as invaluable allies in navigating the complex legal landscape, ensuring your family receives the compensation they are entitled to seek.

How Does a Wrongful Death Claim Differ from a Personal Injury Claim?

While a personal injury claim focuses on compensating the victim directly affected by an accident, a wrongful death claim is pursued by the surviving family members or the estate of the deceased. The latter aims to compensate for losses stemming from the death, such as loss of income, medical expenditures, and the emotional impact on surviving family members. This type of claim inherently deals with more nuanced and complex issues as it must account for both tangible and intangible losses.

Understanding this difference is crucial in adopting the right legal approach. A wrongful death claim necessitates an evaluation of the deceased person’s role within the family, their financial contributions, and the emotional void their passing creates. Our attorneys at Loscalzo & Loscalzo, P.C. have the requisite experience to bridge the gap between personal injury and wrongful death laws, ensuring that your family’s needs are met in pursuing adequate damages.

What Should You Know About Insurance Companies in Wrongful Death Claims?

Insurance companies play a pivotal role in wrongful death claims, often being the parties from whom settlements must be secured. However, it is essential to recognize that their primary objective is to limit financial payouts wherever possible. Engaging with these companies without legal representation can be challenging, as they may employ various tactics to undervalue or deny the claim.

It is prudent to work with an experienced Manhattan wrongful death attorney who can skillfully handle communications and negotiations with insurance providers. Our team at Loscalzo & Loscalzo, P.C. advocates on behalf of our clients to secure comprehensive compensation that reflects all the losses suffered. We understand the strategies used by insurance adjusters and are ready to counter them with fact-based arguments substantiated with thorough evidence and expert testimonies. By partnering with us, you ensure that your engagement with insurance companies remains centered on fairness and justice.


Contact Our Manhattan Wrongful Death Lawyers for a Free Consultation Contact Loscalzo & Loscalzo, P.C. at (646) 846-4776 to discuss your case.

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