Westchester Wrongful Death Attorney
You could be entitled to compensation if a loved one has recently died in an accident in Westchester County, NY. The experienced Westchester wrongful death lawyers at Mirman, Markovits & Landau, P.C. will help you get through this tough time and demand the money you deserve. Give our law office a quick call or reach out to us online to set up a time to discuss your case with our team. Your first consultation is free, so contact us to get started today.
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Why Should I Hire a Lawyer For Help With a Wrongful Death Lawsuit?
Life changes drastically after the unexpected death of a loved one. The pain can seem unbearable and might not know how to move on. To make matters worse, you might not know how to make ends meet, especially if you relied on your loved one financially. The last thing you probably want to do right now is to navigate a contested legal claim. But, money can really make a world of difference in the years to come.
However, insurance companies and the parties responsible for your loved one’s death won’t make the process of recovering compensation easy.
You shouldn’t hesitate to call a Westchester personal injury lawyer for help because:
- Insurance companies will try to take advantage of you during this very emotionally challenging period of time and get you to agree to accept less money than you deserve
- Wrongful death cases can be difficult to value, so you might not really know what your case is worth
- Your loved one might be blamed for the accident that ultimately caused your death, which could really hurt your ability to recover a financial award, and
- You will only have a limited period of time in which you can file a wrongful death lawsuit.
When you call Mirman, Markovits & Landau, P.C., you can benefit from our more than 200 years of combined experience. You can benefit from a team of attorneys who have recovered more than $1 Billion for victims and family members like you.
We know how difficult life can be following a fatal accident, and we’ll do everything we can to help you through it. Our team will handle your legal case and any curveballs that are thrown at us along the way. You just focus on grieving your loss, picking up the pieces, and figuring out how to move forward.
A Personal Representative Must File a Wrongful Death Claim on a Family’s Behalf
In many states, family members are free to pursue damages through a wrongful death lawsuit or claim on their own. However, the rules in New York are a little bit different. Following a fatal accident in Westchester County, only the victim’s personal representative can initiate a wrongful death claim. Who is the personal representative? It’s whoever has been chosen to handle the victim’s estate. This might have been predetermined by the victim and detailed in their will, or established in accordance with New York law. Generally speaking, the personal representative is someone who can be trusted to settle the victim’s estate and distribute their assets.
When a wrongful death lawsuit is filed, it’s done so on behalf of the victim’s beneficiaries. This might include:
- A spouse
- Children, adopted or biological, or
Many times, the personal representative is, in fact, one of the victim’s surviving family members who can benefit from the lawsuit.
We Handle All Wrongful Death Matters in Westchester County
Wrongful death means that someone you love has died because of another person’s negligent, careless, or wrongful actions. At Mirman, Markovits & Landau, P.C., our Westchester wrongful death attorneys are here to help you recover compensation after any fatal accident. We represent clients who have lost a loved one as a result of:
- Car accidents
- Bicycle accidents
- Pedestrian accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall accidents
- Dog bites
- Medical malpractice
- Defective products
- Workplace accidents
- Construction accidents, and more.
Don’t hesitate to contact our Westchester County law firm to schedule a free case assessment. Our team can listen to your story, help you understand your options, and answer any questions you have.
Damages Available to Families After a Fatal Westchester Accident
Wrongful death lawsuits are different from other types of personal injury cases because any damages recovered are intended to compensate family members, rather than the victim. So, in New York, the damages available in wrongful death matters are handled a little bit differently.
State law explains that damages should be awarded as “fair and just compensation for the pecuniary injuries resulting from the decedent’s death to the persons for whose benefit the action is brought.” More simply, damages in wrongful death cases are paid to make up for the economic impact your loved one’s death will have on your life.
Compensation that’s commonly awarded in Westchester wrongful death cases includes money for:
- Medical bills for care provided between the time of the accident and when your loved one died
- Funeral and burial costs
- Loss of inheritance
- Loss of financial support, including expected income and wages, and
- Loss of work benefits, including retirement.
While your pain and suffering might be unbearable, damages for those types of non-economic damages are not typically available in wrongful death cases in New York. The only way those damages can be awarded is for any pain and suffering your loved one experienced if they survived their fatal injuries for any period of time.
You’ll Have a Limited Period of Time to File a Wrongful Death Lawsuit in Westchester
New York limits the amount of time anyone has to file a personal injury lawsuit for damages after an accident. For most wrongful death cases, the statute of limitations is two years. The clock begins to run the moment your loved one dies. This could be the date of the fatal accident. It could also be hours, days, or months later.
You will lose out on valuable compensation for the loss of your loved one if you do not file your wrongful death lawsuit on time. Mirman, Markovits & Landau, P.C. can help to ensure that this doesn’t matter. Our team can begin working on your case as soon as you ask for our help.
Comparative Negligence and Your Westchester Wrongful Death Lawsuit
Insurance companies and any involved parties will be quick to deny responsibility for your loved one’s death. They’ll probably even try to say that your loved one caused or contributed to their fatal accident. These tactics, left unchecked, can limit the amount of money you’re able to get or bar a financial recovery altogether.
That’s because New York has comparative negligence rules. In simple terms, this means that a victim’s ability to recover compensation is directly associated with their contributions to an accident. Anyone who plays a role in an accident can share financial responsibility.
When someone is allocated blame:
- Their ability to recover compensation is reduced proportionately, and
- They can be financially liable for harm suffered by others, as well.
Let’s say a jury determines that your loved one was 25 percent responsible for the accident that ultimately caused their death. That means that damages in your wrongful death lawsuit would be reduced by 25 percent. If your damages were calculated to equal $100,000, you’d be able to walk away with up to $75,000. At the same time, your loved one’s estate could be pegged for 25 percent of damages suffered by others who were also involved in the accident.
The best way to stop these tactics from working is by making sure that you have an experienced wrongful death lawyer on your side. The attorneys at Mirman, Markovits & Landau, P.C. will carefully scrutinize all aspects of your loved one’s fatal accident and gather evidence to show that others are to blame, not them. The more blame we can shift to others, the more money you can potentially get.
Schedule a Free Consultation With Our Westchester Wrongful Death Attorneys Today
Losing a loved one is never easy. Money will not bring them back, but it can provide some relief during a time of incredible pain. Mirman, Markovits & Landau, P.C. will stand by your side throughout the entire wrongful death lawsuit process. We’ll handle all aspects of your case and fight to hold all negligent parties accountable. We’ll do whatever it takes to get you the money you need and deserve.
This should give you the time and opportunity you need to focus on yourself. This should give you the time you need to grieve. All you have to do is call our Westchester personal injury attorneys to schedule a free consultation to get started.