Harlem Wrongful Death Lawyer

Losing a family member can be devastating, which is why a wrongful death suit may not be the first thing on your mind. With that said, if a New York death occurred after negligent behavior, filing a lawsuit could be the best course of action. A lawsuit is a way to make sure that the responsible party is held liable for their behavior. This can help a family to recover from their loss. It can also provide a household with much-needed funds.

The Harlem wrongful death lawyers at Cellino Law can provide you with support and assistance if you’ve lost someone you love. We practice exclusively in these cases, and we’re aware that your household is going through a difficult time. Even though you are grieving, you’ll want to make a wrongful death claim quickly. These cases have very short deadlines. Thankfully, our legal team will do what we can to make things go more quickly. Call our Harlem injury law firm today at 888-888-8888 to get your claim started.

What Makes A Death Wrongful?

A wrongful death is a death that is caused by another party’s reckless or negligent behavior. These deaths could be caused by many factors, including auto accidents, unsafe workplace conditions, or a lack of care in a medical environment.

The individual that is named the representative of the estate of the decedent may file a suit against parties responsible for a death.

The goal of a claim is generally to recover damages on behalf of the decedent’s heir or heirs. A number of people can be protected through this process, such as:

  • Significant others or spouses of the deceased
  • Children of the deceased
  • Parents if the victim was still a minor

Establishing a Claim for Wrongful Death

When filing a lawsuit for wrongful death, it needs to be proven that the death was untimely and that it happened because the party responsible engaged in reckless or negligent behavior. That behavior could be the direct cause of death, but the behavior could also have led to the death in an indirect way.

If a person is disregarding the potential harm to others around them, their behavior is reckless. If a person does not properly address a situation or engage in reasonable behavior, their behavior could be classified as negligent.

Cellino Law understands that there are two specific things that must be demonstrated in order to build a strong case. If we’re representing you, we will work to establish both of these things.

The Responsible Party Had A Duty

Every person must engage in responsible behavior. Avoiding acts that could cause harm to others protects everyone around you. If a person is irresponsible, and their behavior has consequences, they have not met their duty for responsible behavior.

The Defendant Failed To Meet Their Duty Under The Law

We will present evidence showing that the defendant did not behave reasonably. We will show that they demonstrated negligence or recklessness and that the behavior led to wrongful death.

Who Is Eligible to File a Wrongful Death Claim In Harlem?

New York State says that the representative of the estate of the decedent is the only one that has the authority to file a wrongful death claim. If the deceased had a will, it is likely that the will named an executor. If there is no will, or if an executor was not specified, the County Surrogate’s Court will name an administrator. The executor or the administrator is the party that will hold the responsibility of filing a claim.

A Harlem wrongful death lawyer filing a claim for a client.

New York does allow family members to file a wrongful death suit, including:

  • The surviving spouse
  • Children, whether adopted or biological
  • Dependents that are blood relatives
  • The deceased’s parents

What Can Be Recovered In Wrongful Death Suits?

Money isn’t enough to make up for the loss of household experiences when a family member passes away. However, New York state does look at the economic impact death has had on a household. When it comes to a wrongful death claim, there are generally two categories of damages. First, the pain and suffering experienced by the victim are considered. To demonstrate this, a forensic pathologist will be asked to analyze the case and provide testimony. It isn’t always easy for surviving family members to hear that their loved one suffered. However, this testimony is invaluable when it comes to securing the appropriate compensation.

The other categories of damages have to do with the victim’s earning potential. How much would they have contributed to the household financially if they hadn’t passed away? Financial records are looked at to accurately determine how much money the death has cost the household. When filing a wrongful death suit, there are many damages that can be claimed, like:

  • Medical care the deceased needed before their death
  • Compensation for a funeral and burial or cremation
  • Loss of insurance coverage, childcare, or other services the decedent may have provided to the household
  • Loss of future wages from the decedent
  • Reduction in assets or inheritance from the deceased
  • The loss of a parental figure for surviving children

When economic damages are calculated, there are specific factors that need to be taken into account. These factors are particularly crucial when lost wages are being calculated. The victim’s life expectancy and the age they were when they passed away must be considered. For example, if the victim has young children, their children will have lost out on financial support throughout their childhood.

At this time, New York state does not look at the pain and suffering experienced by the victim’s surviving family members when determining damages. As a law firm that regularly handles wrongful death cases, we recognize that this is lacking in compassion. That is why we are working to change the current laws so that the state looks at the emotional damages surviving family members experience. At the time being, we do our best to help households as much as we can. The current laws are unfortunate, but we will work to provide families with support.

Review Your Claim With A Harlem Wrongful Death Lawyer

Wrongful death claims must be made within a specific window of time. If the representative of the estate has decided that legal action is appropriate, they will need to act before the statute of limitations on the case expires. The limits will be stricter if public authorities are involved in the case. There is no way to have these limits extended, which is why survivors need to act as soon as possible. Contact our Harlem personal injury lawyers today at 888-888-8888 to get your claim started.

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  • Joe and I just wanted to send you this note thanking you for the professional way you handled our lawsuit. Your kindness was extremely appreciated in a very difficult time. When we found out the people that caused the accident had no insurance, we thought our chances of receiving any settlement was nonexistent. Once we met with you and released you were able to help us our minds were put at ease. Your aggressive manner of handling the case exceeded our expectations. Please feel free to use us as a reference. Thank you so much and best wishes,

    Danielle and Joe

  • I can only say great things about my attorney Allan Silverstein. He is professional, he calls back right away, he keeps me informed, and makes me feel comfortable as this entire ordeal is stressful. I have total confidence in his ability to handle whatever comes his way. He is no nonsense and very good at his job. Thank you Allan... he is a true asset to the team!

    Mrs Steward

  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

    Theodore

  • This is to express our gratitude to you and your team in helping us and Stephanie navigate through the legal process following her car accident. We are very satisfied with the outcome and grateful for your hard work and attention to details. We fell confident that with this compensation, Stephanie will be able to move forward with her studies and her life with the ability to care for some of her health needs resulting from the injuries sustained following her car accident. Thank you very much and may God continue to bless your efforts.

    Jose & Rose

  • Thank you for your efforts on my behalf. I am very pleased (and surprised) at the amount of the settlement. We will use the funds to help pay down the debt on the truck we had to purchase after ours was totaled. Thank you again.

    Linda

  • Thank you for your help in settling the case of my father's accident. I could always count on you to answer my questions honestly and in terms I could understand. If all lawyers at Cellino Law are like you, I understand why they are an A-1 law firm.

    Bedner