New York Wrongful Death Attorney

In New York, a wrongful death claim is typically filed by the following individuals:

1. Surviving spouse: The surviving spouse of the deceased has the primary right to initiate a wrongful death claim.
2. Children: If there is no surviving spouse, the deceased's children can file a claim.
3. Parents: If the deceased had no spouse or children, the parents of the deceased may have the right to file a claim, especially if they were dependent on their child.
4. Estates and executors: In some cases, the personal representative or executor of the deceased's estate may file a wrongful death claim on behalf of the estate and distribute any damages to the appropriate beneficiaries.

It’s essential to note that eligibility can vary depending on the specific circumstances. Therefore, consulting with an attorney is crucial to determining who can file a wrongful death claim.

Following the tragic loss of a loved one, it’s essential to take specific steps in the difficult aftermath to protect your future rights to file a wrongful death claim.

Here are some steps you should take:

1. Ensure safety and notify authorities: If the death occurred in a dangerous or suspicious manner, prioritize your safety and call emergency services.
2. Notify family and friends: Inform close family members and friends about the loss.
3. Contact an attorney: If you suspect wrongful death due to negligence or misconduct, consult a wrongful death attorney who can assess the situation and inform you about your legal options.
4. Gather documentation: Following the guidance of your attorney, collect important documents such as the death certificate, medical records, and any evidence related to the incident.
5. Funeral arrangements: Arrange for the deceased's funeral or memorial service according to their wishes and your family's traditions.
6. Make immediate financial arrangements: Notify relevant financial institutions, such as banks and insurance companies, of the death — also address any outstanding bills and financial obligations.
7. Legal proceedings: If you are pursuing a wrongful death claim, your attorney will guide you through the legal process.
8. Emotional support: Contact grief counseling and support groups for emotional assistance during this challenging time.
9. Estate matters: If applicable, consult with an estate attorney to address matters related to the deceased's will, assets, and estate distribution.
10. Settle any remaining affairs: Work through administrative tasks like canceling subscriptions, updating records, and addressing any of the deceased's remaining belongings.

It’s a lot to manage, especially in an emotionally charged time, but a wrongful death attorney can help you to complete any required legal tasks without adding to your burdens.

In situations where your family member is held responsible for the accident that led to their demise, it can complicate the pursuit of a wrongful death claim. However, it’s vital to recognize that New York follows a comparative negligence system. This means that even if your loved one bears some responsibility for the accident, you may still be eligible for compensation. Nevertheless, the awarded compensation might be reduced in proportion to their degree of fault.

For example, if it’s determined that your loved one is 20% at fault for the accident, the compensation granted in the wrongful death claim could be diminished by that same percentage. It is therefore imperative to have competent legal representation to navigate these intricacies effectively. A wrongful death attorney can assess the incident, gather evidence, and work to minimize any allegations of fault against your loved one, helping you obtain the highest possible compensation for your losses.

Choosing the right legal team to handle your wrongful death case is a crucial decision.

Here’s why you should consider entrusting your case to the Jacob D. Fuchsberg Law Firm:

• Proven experience: With over four decades of experience, our firm has a long-standing history of successfully advocating for families in wrongful death cases.
• Compassion and support: Our compassionate approach means that we not only provide legal guidance but also emotional support during this challenging time.
• Thorough investigation: We leave no stone unturned in investigating the circumstances surrounding your loved one's death.
• Maximizing compensation: Our goal is to secure the maximum compensation you deserve, aiming to cover medical expenses, funeral costs, lost income, and the emotional pain and suffering endured by your family.
• Timely action: We ensure that all necessary paperwork is filed promptly to protect your rights

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There is no room for error when pursuing compensation for your loved one’s death. Let the Jacob D. Fuchsberg Law Firm go to bat for you and provide you with exceptional representation.