Wrongful Death Lawyer

At Katz, Leidman, Freund & Herman, we understand the profound impact that the loss of a loved one can have on families. If you have lost someone due to another’s negligence or wrongful actions, it is crucial to seek the guidance of a dedicated wrongful death lawyer. Our team is committed to helping you navigate this challenging time while seeking justice for your loss.

At Katz, Leidman, Freund & Herman, we are dedicated to helping families pursue justice and compensation. Let us guide you through this difficult time. Contact us today to discuss your case.

What Constitutes Wrongful Death?

Wrongful death refers to a legal claim that arises when an individual dies due to the negligence or wrongful actions of another party. Understanding the specific circumstances that can lead to a wrongful death claim is essential for those seeking justice. Here are some common scenarios that may constitute wrongful death:

Negligent Actions

Negligence occurs when a person fails to exercise reasonable care, resulting in harm to others. This can include a wide range of situations:

• Car Accidents: In bustling New York City, traffic congestion can lead to serious accidents. Collisions caused by distracted drivers—such as those texting while driving—or impaired drivers can result in tragic fatalities. For instance, a driver running a red light can cause catastrophic injuries to other motorists or pedestrians.
• Slip and Fall Incidents: Property owners have a duty to maintain their premises safely. Dangerous conditions, such as icy sidewalks in winter or poorly lit stairwells in office buildings, can lead to severe injuries or death. If someone falls due to negligence, their family may have grounds for a wrongful death claim.

Intentional Acts

In some cases, wrongful death may result from intentional acts that cause harm or fatal injuries:

• Assault or Homicide: Deliberate actions, such as physical assaults or homicides, not only lead to criminal charges but may also result in civil claims. Families of victims can seek compensation for their loss through wrongful death lawsuits, holding perpetrators accountable in a different legal context.

Medical Malpractice

Healthcare professionals are expected to adhere to a standard of care in their practice. When they fail to do so, it can result in wrongful death due to:

• Misdiagnosis or Delayed Diagnosis: If a healthcare provider fails to identify a life-threatening condition, such as cancer or heart disease, it may lead to preventable deaths. For example, a delayed diagnosis of a heart attack can prevent timely intervention, resulting in fatal outcomes.
• Surgical Errors: Surgical procedures come with inherent risks, but mistakes made during surgery, such as operating on the wrong site or leaving foreign objects inside a patient, can have fatal consequences. These errors can result in severe complications or death, leading to potential wrongful death claims.

Workplace Incidents

Occupational hazards are prevalent in various industries across New York City, and wrongful death claims may arise from these incidents:

• Construction Accidents: Construction sites are often rife with dangers. Inadequate safety measures, such as failing to provide proper equipment or training, can lead to fatal accidents. For example, a worker falling from scaffolding due to a lack of safety harnesses may result in a wrongful death claim.
• Industrial Accidents: Negligence in maintaining safety protocols and equipment can lead to tragic outcomes in factories or industrial settings. Exposure to hazardous materials or malfunctioning machinery can result in fatalities, prompting families to seek justice.

Defective Products

When a product malfunctions or is designed poorly, it can lead to fatal injuries. Examples include:

• Automobile Defects: Faulty brakes, defective airbags, or other critical failures can contribute to deadly accidents. If a vehicle was manufactured with known safety defects, the manufacturer may be held liable for wrongful death.
• Consumer Products: Dangerous toys or household items, such as faulty electrical appliances, can cause harm if they are not properly manufactured. If a poorly designed product leads to a fatal accident, the manufacturer may be subject to a wrongful death claim.

Who Can File a Claim?

In New York, the law outlines specific individuals who are eligible to file a wrongful death claim. Understanding who can pursue this type of legal action is essential for families affected by the tragedy of losing a loved one. Here are the primary parties who can file a claim:

The Deceased’s Spouse

The spouse of the deceased is typically the first person entitled to file a wrongful death claim. This legal right recognizes the profound emotional and financial impact of losing a partner. The spouse can seek compensation for various damages, including loss of companionship, emotional suffering, and the financial support that the deceased would have provided.

Children

Children of the deceased, whether they are minors or adults, also have the right to file a wrongful death claim. In this context, “children” includes biological children, adopted children, and sometimes even stepchildren, depending on the circumstances. This provision acknowledges the significant emotional loss experienced by children who have lost a parent, as well as any financial support they would have received.

Parents

In cases where the deceased does not have a spouse or children, parents may be eligible to file a wrongful death claim. This is particularly relevant for adult children who have passed away. Parents can seek compensation for the loss of their child, which is often a deeply traumatic experience. The law allows them to pursue damages for emotional suffering and other related hardships.

Estate Representatives

If the deceased left behind an estate, the representative of that estate may also file a wrongful death claim. This representative is often appointed through probate court and may be an executor, administrator, or personal representative. Estate representatives can pursue claims on behalf of the deceased’s beneficiaries, ensuring that any compensation received is distributed according to the deceased’s wishes or state law.

Navigating the Complexities

Navigating the legal landscape surrounding wrongful death claims can be complex, particularly when determining eligibility. The emotional toll of losing a loved one can make it challenging to manage the legal intricacies involved. Consulting with a personal injury lawyer is essential for addressing these complexities effectively.

A knowledgeable attorney can help clarify who is eligible to file a claim based on the specifics of the case, ensuring that all potential claimants are considered. Legal guidance is also crucial for understanding the timelines involved, as the statute of limitations for wrongful death claims in New York is typically two years from the date of death.

The Role of a Wrongful Death Lawyer

When faced with the tragic loss of a loved one due to another’s negligence, enlisting the help of a wrongful death lawyer is essential. These legal professionals play a crucial role in guiding families through the complexities of the legal system while advocating for their rights. Here’s an overview of the key responsibilities and functions of a wrongful death lawyer:

Legal Representation

A wrongful death lawyer provides vital legal representation to the family of the deceased. They handle all aspects of the case, from gathering evidence to presenting arguments in court. This representation is crucial, as it ensures that families have a knowledgeable advocate who can navigate the complexities of wrongful death laws.

Investigating the Case

One of the primary responsibilities of a wrongful death lawyer is to conduct a thorough investigation into the circumstances surrounding the death. This includes:

• Gathering Evidence: Collecting police reports, medical records, witness statements, and any relevant documentation that can support the claim.
• Expert Consultations: Engaging with experts, such as medical professionals or accident reconstruction specialists, to establish the facts of the case and demonstrate negligence.

Establishing Liability

Determining who is liable for the wrongful death is a critical component of the wrongful death lawyer’s role. This involves analyzing the actions of the parties involved and establishing a clear link between their negligence and the death. A skilled wrongful death lawyer can effectively argue that the responsible party’s actions directly led to the tragedy.

Pursuing Compensation

Families often face significant financial burdens after a wrongful death. A wrongful death lawyer works diligently to pursue compensation for various damages, including:

• Medical Expenses: Costs incurred before the loved one’s passing, such as hospital bills and treatment expenses.
• Funeral Costs: Expenses related to burial and memorial services.
• Lost Income: Compensation for the financial support the deceased would have provided to their family.
• Emotional Distress: Damages for the emotional suffering experienced by family members due to their loss.

Negotiating Settlements

Many wrongful death cases are resolved through negotiations rather than going to trial. A wrongful death lawyer will engage with the opposing party or their insurance company to seek a fair settlement. This requires strong negotiation skills and an understanding of the family’s needs and the case’s worth.

Representing in Court

If a fair settlement cannot be reached, a wrongful death lawyer is prepared to represent the family in court. They will present evidence, call witnesses, and make legal arguments to advocate for their clients. Having a wrongful death lawyer with litigation experience can significantly influence the outcome of a case.

Providing Support and Guidance

Beyond legal representation, a wrongful death lawyer offers essential emotional support during a difficult time. They understand the complexities of grief and can provide compassionate guidance throughout the legal process. This support can help families focus on healing while the wrongful death lawyer handles the legal intricacies.

Common Causes of Wrongful Death in New York

In New York, various circumstances can lead to wrongful death claims, reflecting the diverse and busy nature of the city. Understanding these common causes can help families identify potential grounds for legal action. Here are some of the most prevalent causes of wrongful death in New York:

Motor Vehicle Accidents

Motor vehicle accidents are one of the leading causes of wrongful death in New York City. The bustling streets filled with cars, buses, and cyclists can lead to tragic collisions. Key factors include:

• Distracted Driving: Texting or using a phone while driving significantly increases the risk of fatal accidents.
• Impaired Driving: Alcohol or drug use impairs judgment and reaction times, contributing to deadly crashes.
• Reckless Driving: Speeding, aggressive maneuvers, and ignoring traffic signals are common causes of fatal accidents on busy roads like the FDR Drive and the West Side Highway.

Medical Malpractice

Medical malpractice occurs when healthcare providers fail to meet the accepted standard of care, leading to patient harm or death. Common scenarios include:

• Misdiagnosis: Failing to correctly diagnose a serious condition can prevent timely treatment and result in fatal outcomes.
• Surgical Errors: Mistakes during surgery, such as operating on the wrong site or leaving instruments inside the patient, can lead to severe complications or death.

Workplace Accidents

New York’s diverse economy includes numerous industries where workplace accidents can occur. Common causes of wrongful death in this context include:

• Construction Accidents: Falls from heights, equipment malfunctions, and safety violations on construction sites can lead to fatal injuries. With many high-rise buildings, safety regulations are crucial.
• Industrial Accidents: Negligence in maintaining machinery or providing safety training can result in catastrophic injuries in factories and warehouses.

Defective Products

Defective or dangerous products can lead to fatal injuries. Common examples include:

• Automobile Defects: Issues like faulty brakes or airbags can result in deadly accidents. Manufacturers may be held liable if their products are not safe.
• Consumer Goods: Items such as toys, electronics, or household appliances that are poorly designed or manufactured can pose serious risks to consumers.

Assault and Homicide

Intentional acts of violence also lead to wrongful death claims. These cases may involve:

• Criminal Assault: Fatal assaults or homicides result in both criminal charges and potential civil claims for wrongful death. Victims’ families can seek justice through the courts.
• Domestic Violence: Tragically, domestic violence incidents can result in wrongful deaths, prompting legal action from surviving family members.

Bicycle and Pedestrian Accidents

With a significant number of cyclists and pedestrians in New York City, accidents involving vehicles can lead to wrongful deaths. Common factors include:

• Negligent Drivers: Drivers who fail to yield to pedestrians or cyclists can cause fatal accidents.
• Unsafe Conditions: Poorly designed intersections or inadequate signage can contribute to dangerous situations for those on foot or riding bikes.

Understanding the common causes of wrongful death in New York is crucial for families seeking justice. If you believe your loved one’s death resulted from any of these scenarios, consulting with a knowledgeable wrongful death lawyer can help you explore your legal options. At Katz, Leidman, Freund & Herman, our team of wrongful death lawyers are here to provide guidance and support during this difficult time.

What Compensation Can I Receive?

When pursuing a wrongful death claim in New York, families may be entitled to various forms of compensation designed to address the financial and emotional impact of their loss. Understanding the types of compensation available can help families navigate the legal process more effectively. Here are the primary categories of compensation that may be awarded in a wrongful death case:

Economic Damages

Economic damages are intended to compensate for tangible financial losses incurred due to the wrongful death. Common types include:

• Medical Expenses: This includes costs associated with medical treatment prior to the deceased’s death, such as hospital bills, surgeries, and rehabilitation costs.
• Funeral and Burial Costs: Families can recover expenses related to funeral services, burial plots, cremation, and memorial services, which can be substantial.
• Lost Income: Compensation for the income the deceased would have earned if they had lived. This calculation may include salary, bonuses, benefits, and other forms of financial support the deceased provided to the family.
• Loss of Benefits: If the deceased was providing benefits like health insurance or retirement contributions, families may seek compensation for the future value of these benefits.

Non-Economic Damages

Non-economic damages address the emotional and intangible losses that families experience after a wrongful death. These can include:

• Loss of Companionship: Families may seek compensation for the loss of love, affection, and companionship that the deceased provided.
• Emotional Distress: The emotional pain and suffering experienced by family members as a result of their loved one’s death can be substantial. This includes grief, anxiety, and depression stemming from the loss.
• Loss of Parental Guidance: Children may claim damages for the loss of guidance and support they would have received from their deceased parent.

Punitive Damages

In certain cases, punitive damages may be awarded in addition to compensatory damages. These are not intended to compensate the family but rather to punish the responsible party for particularly egregious conduct or gross negligence. Punitive damages serve as a deterrent to prevent similar actions in the future.

Factors Influencing Compensation

Several factors can influence the amount of compensation awarded in a wrongful death case:

• The Age and Health of the Deceased: Younger individuals or those with a promising career may result in higher compensation due to their potential future earnings.
• The Relationship of Claimants: Close family members, such as spouses and children, may be entitled to more significant compensation than distant relatives.
• The Circumstances of the Death: Cases involving extreme negligence or intentional harm may lead to higher compensation, especially if punitive damages are awarded.

Pursuing compensation for a wrongful death can be a complex and emotional process. At Katz, Leidman, Freund & Herman, our team of wrongful death lawyers are dedicated to helping families understand their rights and the compensation they may be entitled to. Our experienced team of wrongful death lawyers is here to provide support and guidance as you navigate this challenging time, ensuring that you seek the justice and financial relief your family deserves.

Cases of Wrongful Death in New York

New York has seen various high-profile wrongful death cases that highlight the complexities and legal nuances surrounding these claims. Here are a few notable cases, along with their outcomes and settlement amounts where applicable:

Case 1: The 2019 Construction Site Accident

In 2019, a construction worker was tragically killed when a crane collapsed at a busy construction site in Manhattan. The family filed a wrongful death lawsuit against the construction company, alleging negligence in equipment maintenance and safety protocols.

• Outcome: The case was settled for $4 million, providing the family with compensation for lost wages, medical expenses, and emotional distress.

Case 2: The Medical Malpractice Case

A family in Queens pursued a wrongful death claim against a local hospital after their loved one died due to a misdiagnosed heart condition. The lawsuit alleged that the medical team failed to conduct necessary tests that could have identified the issue in time.

• Outcome: The family received a settlement of $3.5 million, covering medical bills, funeral costs, and compensation for the loss of companionship and emotional suffering.

Case 3: The Pedestrian Accident

In a tragic incident in Brooklyn, a pedestrian was struck and killed by a delivery truck while crossing the street. The victim’s family filed a wrongful death claim against the truck driver and the delivery company, arguing that the driver was negligent in observing traffic laws.

• Outcome: The case resulted in a settlement of $2.2 million, compensating the family for their loss and the financial support the deceased would have provided.

Case 4: The Defective Product Case

A wrongful death claim was filed against a major toy manufacturer after a child died due to a choking hazard caused by a defective product. The lawsuit argued that the company had prior knowledge of the safety issues but failed to act.

• Outcome: The case garnered significant media attention and resulted in a settlement of $5 million, highlighting the importance of product safety and accountability.

Case 5: The Fatal Car Accident

In 2021, a fatal car accident in the Bronx led to the wrongful death of a young driver. The family sought legal action against the other driver, who was found to be under the influence at the time of the accident.

• Outcome: The case was settled for $6 million, providing compensation for medical expenses, funeral costs, and the profound emotional impact on the family.

These cases illustrate the diverse nature of wrongful death claims in New York, encompassing accidents, medical malpractice, and product liability. Each case underscores the importance of seeking justice and compensation for families who have suffered devastating losses. At Katz, Leidman, Freund & Herman, our team of wrongful death lawyers are committed to advocating for families affected by wrongful death, ensuring that they receive the support and compensation they deserve. If you believe you have a wrongful death claim, our experienced team of wrongful death lawyers is here to guide you through the process.

Seek Justice for Your Loved One

If you believe your family has been affected by wrongful death, it’s essential to take action. At Katz, Leidman, Freund & Herman, our team of wrongful death lawyers are dedicated to helping families pursue justice and compensation. Let us guide you through this difficult time. Contact us today to discuss your case.