Losing a loved one unexpectedly is always extraordinarily difficult, especially if their passing should not have happened in the first place. Filing a wrongful death lawsuit serves to hold the responsible party accountable for their conduct. In addition to profound emotional suffering, a wrongful death can leave a family with a lasting financial burden and associated legal issues. A New Rochelle wrongful death lawyer can handle the legal challenges of this tragic event so you can focus on healing and closure moving forward.
The legal team at Lever & Ecker, PLLC, represents grieving families to recover the monetary compensation they deserve after the death of a family member. We have 65+ years of combined legal experience advocating for New Yorkers’ rights and above a 99% success rate guiding families through the complex legal process. With compassionate and diligent representation, we shoulder the legal burden while you focus on your family during this difficult time.
Defined in N.Y. Estates Powers & Trusts Law § 5-4.1, a wrongful death is the loss of an individual through another party’s negligent, reckless, or careless actions that would have enabled the deceased to seek a personal injury lawsuit had the accident not been fatal. In this type of accident, a representative of the deceased individual must bring a case to court on behalf of the deceased.
New York law dictates that a personal representative of the victim’s estate, called an executor, must file the wrongful death lawsuit. Wrongful death cases are separate from criminal proceedings that may occur in relation to the death. Some accidents occur entirely by accident, rising to the level of negligence but not criminal conduct.
Whether you are the deceased’s executor or are trying to understand your rights and those of your family, speak with the experienced New Rochelle wrongful death lawyers at Lever & Ecker, PLLC, to answer your questions and discuss the details of the case.
Wrongful death lawsuits are filed against the party whose negligence caused the death of the victim. More than one party may be liable, in which case multiple parties (defendants) will be named in the wrongful death lawsuit. In most cases, the responsible party or parties will have an insurance policy in place regarding the event that resulted in someone’s death.
Unfortunately, insurance companies will often do everything they can to deny or diminish the validity of wrongful death cases, making it challenging for families to recover the compensation they deserve without an experienced New Rochelle wrongful death attorney on their side.
Depending on the circumstances surrounding the event that resulted in death, you may recover a number of economic and non-economic damages related to the death of your loved one, including the following:
If compensation is awarded for losses suffered by the family from the wrongful death, the executor will hold funds in a trust for the beneficiaries. The representative does not personally benefit from the compensation recovered unless they are also one of the beneficiaries of the estate.
If you have tragically suffered the wrongful death of a loved one in New Rochelle, the award-winning lawyers at Lever & Ecker, PLLC, are prepared to fight for the justice you deserve. With 65+ years of combined legal experience advocating for New Yorkers’ rights, we understand the complexity of wrongful death cases and work to maximize your family’s compensation during this challenging time. If a favorable settlement cannot be reached out of court, we are committed to fighting on your behalf in court and at trial.
Insurance adjusters may seek to diminish or deny your wrongful death case to support their own bottom lines, without regard for your unexpected loss. Retaining the right New Rochelle wrongful death attorneys could make all the difference in the resolution of your case for your family. Schedule a no-cost consultation with one of our experienced lawyers by calling (914) 288-9191 or (718) 933-3632, or filling out our contact form.
Tragic bus collision involving pedestrian in crosswalk, causing catastrophic injuries which ultimately resulted in pedestrian’s wrongful death two weeks later. Lever & Ecker, PLLC, was able to obtain $12 million in compensation on behalf of the pedestrian’s surviving family. Not only was this settlement (the specific terms of which are confidential) one of the largest personal injury settlements in New York in 2020, we were able to resolve the case at an early stage, allowing the family to obtain a measure of closure and avoid the trauma of reliving the experience in court.