Lever & Ecker, PLLC December 28, 2023 Personal injury
The abrupt and untimely loss of a loved one is a pain that words often fail to describe, especially when such a loss could have been avoided. When a life is taken prematurely due to someone else’s careless or negligent actions, the grief is accentuated by a resounding feeling of injustice. In New York, navigating a claim during such a challenging time can seem insurmountable. Not only are families left to cope with an emotional void, but they are often faced with unexpected legal difficulties, expenses, and financial disarray. From helping determine whether you have a claim and who is entitled to seek compensation to proving liability through a detailed investigation, the lawyers at Lever & Ecker, PLLC, are here for you.
For families in New York, understanding how to pursue a wrongful death claim is crucial. Our wrongful death lawyers are dedicated to leading you through this process, ensuring you and your family are equipped to confront the challenges ahead. Let us help you navigate the legal complexities of New York’s wrongful death claims so you can focus on healing and closure.
After the passing of a loved one due to negligence, recklessness, or intentional misconduct, it can be difficult to know what to do next. Generally, you must do the following to seek compensation in a wrongful death claim in New York:
The laws governing a wrongful death claim can be complex to handle on your own. The lawyers at Lever & Ecker, PLLC, will assess your claim and determine whether the incident qualifies as a wrongful death under New York law.
According to New York Estates, Powers, and Trusts Law (EPTL) §5-4.1, a wrongful death occurs when:
Our wrongful death lawyers are equipped to handle the diverse aspects of your claim, pursuing critically important steps such as:
Importantly, we provide complimentary case evaluations, enabling us to hear your story, understand important facts, and assess the viability of your claim.
EPTL §4-1.1 specifies a select group of individuals who are permitted to initiate a wrongful death claim on behalf of a family member.
It is essential to ensure the claim is being filed by someone who is legally eligible. This includes:
Siblings or cousins typically cannot seek a wrongful death claim unless they act as the personal representative. The wrongful death lawyers at Lever & Ecker, PLLC, are here to assist you in determining your eligibility to file a claim in memory of your loved one.
Identifying the exact parties responsible for your loved one’s untimely death can be challenging. We can assist in collecting crucial documents, such as the death certificate, medical records, accident/incident reports, and more, to determine liability. This involves substantiating the following:
New York uses comparative negligence when determining fault. Thus, every involved party, including the decedent, is assigned a proportionate share of blame for the incident. The decedent’s percentage is then deducted from the awarded compensation. So, even if your loved one shared some responsibility in the accident, the estate would still be entitled to damages, with a reduction based on the fault assigned to the decedent by the jury.
Losing a loved one turns your life upside down, and having to deal with the legal system to pursue justice can be too overwhelming. The award-winning lawyers at Lever & Ecker, PLLC, are prepared to step in on your behalf. With 65+ years of combined experience and a 99% success rate, we fight for the compensation you and your family deserve while allowing you to focus on the healing process. We are always prepared to go to trial if necessary.