Nassau County Wrongful Death Lawyer
Have you lost a loved one in Nassau County, NY? Do you suspect someone else was to blame for their passing? If so, you could be entitled to file a wrongful death claim against that party. While nothing can undo the pain you’ve had to endure, a successful lawsuit can bring an invaluable sense of justice. It can also provide you with the financial security you need during a challenging time.
Wrongful death claims are complex, though, and should be handled by an experienced attorney like the ones you’ll find at The Tadchiev Law Firm, P.C. Contact us today for a free initial consultation with a wrongful death attorney for Nassau County, and let’s discuss your path forward together.
Why Hire The Tadchiev Law Firm, P.C. for Your Wrongful Death Claim?
Few things are more difficult than losing a loved one to someone else’s negligence or other legal fault. If this has happened to you, you could be owed compensation – but getting it will likely mean managing paperwork and deadlines, negotiating with insurance companies, and potentially even going to court. Your focus right now should be on your well-being and your loved ones, not on pursuing a legal claim. Leave that to the professionals at The Tadchiev Law Firm, P.C.
Our wrongful death attorneys have served New Yorkers for over a decade, and we’re proud of the cases we’ve won on their behalf. Here’s what we offer:
- Personal attention – We understand the pain of your loss and how important your case is to your family. That’s why we will always give it the attention you deserve, keeping you informed about your progress and what you can expect at each step.
- Aggressive advocacy – At-fault parties and their insurers rarely give in without a fight. We prepare for every case knowing that our success depends on our tenacity. From the investigation to the negotiating table to court, we will fight hard to get you every cent you’re owed.
- No fees unless we win – We firmly believe that the ability to pay should never be a prerequisite for demanding justice. Plus, you shouldn’t have to pay for someone else’s actions. That’s why we work on a contingency basis, only charging a fee when we win. That way, it costs you nothing upfront to put us to work.
Who Can File a Wrongful Death Claim in New York?
In New York, only the personal representative of the deceased’s estate – often called their executor – can file a wrongful death suit. This individual should be named in the deceased’s will. If the deceased died without a will or the person they named cannot serve in the position for whatever reason, the courts will appoint a personal representative.
However, while only this personal representative can bring the suit, they do so for the sole benefit of the deceased’s surviving family members, according to the state’s intestate laws. In order of priority, these parties could include the victim’s surviving:
- Spouse
- Children
- Parents
- Siblings
- Grandparents and their descendants
- Great-grandchildren
Who among these survivors receives compensation will depend on the family’s circumstances. For example, if the wrongful death victim left behind a surviving spouse and children, they would share the recovered amount. When there is no surviving spouse or children, the parents receive all of the compensation.
Determining Wrongful Death Compensation
New York State law specifies that courts should award financial compensation in wrongful death cases based on what they think is “fair and just” given the circumstances. This could include money for the following losses:
- Funeral and burial expenses
- Medical care required by the deceased’s injury or illness
- Financial support the deceased would otherwise have provided
- The value of the household services the deceased provided, such as childcare, cleaning, or home repairs
- The guidance and support they would otherwise have given their survivors
- Pain and suffering the victim experienced before passing
In cases where the defendant acted outrageously with “willful or wanton negligence,” the court may also award punitive damages. This rare form of financial recovery is not meant to compensate the estate for a particular loss. Instead, it punishes the defendant for their shocking behavior and serves as a deterrent for the future.
How Long Do You Have to File a Wrongful Death Lawsuit?
Unfortunately, New York does not give personal representatives unlimited time to bring their wrongful death claim. Instead, state law gives them two years from the date of death to file their claim.
There are a few exceptions that can shorten or extend the deadline. For instance, in cases where the wrongful death stems from a criminal act, personal representatives have at least one year from the conclusion of the criminal action to file.
A wrongful death lawsuit filed after the relevant deadline can be dismissed as untimely filed, and the survivors lose their right to their day in court. But there are other reasons beyond this tight deadline to pursue a wrongful death claim without delay. Critical evidence can decay or get lost over time, while witnesses’ memories will fade. The longer you wait to file, the harder it may be to pursue justice. So don’t delay – get in touch with an experienced Nassau County wrongful death lawyer right away.
Contact Our Compassionate Wrongful Death Lawyers in Nassau County for Help
At The Tadchiev Law Firm, P.C., we’ve dedicated our careers to helping people in need. We understand how difficult the aftermath of a sudden death can be, and we know how overwhelmed you feel right now. Know that you don’t have to face this challenging time alone. Instead, you can turn to our Nassau County wrongful death attorneys for help.
While you mourn your loss and spend time with your loved ones, we’ll get to work building a strong case and holding the at-fault parties accountable for what they’ve cost you. Contact us today to get started with a free consultation, and let’s discuss your options together.