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Wrongful Death Attorney in Bronx and Brooklyn

Comforting Loved One Brooklyn

Often, wrongful death charges are pursued after a criminal action has failed to result in a guilty verdict, giving the family of the victim an awful sense of helplessness. In such cases, not only has the party responsible for the victim’s death been let off the hook, but the survivors bear the full burden of the loss -- physically, emotionally, and financially. By filing a claim of wrongful death, the grieving family is empowered -- both to seek compensation for medical costs, funeral expenses, and loss of income and inheritance, and to seek justice. However, even if there was no underlying criminal conduct, the victim’s family can still file a wrongful death claim.  If you have lost a loved one due to the negligence or wrongdoing of another, you need the services of a strong personal injury attorney.

In the greater New York City metropolitan area, Arthur O. Tisi is just such a lawyer -- skilled and experienced, with a track record that has earned him great respect among his clients and his peers. His well-earned reputation as both a negotiator and a litigator makes him a first-rate choice.

What constitutes wrongful death? Whom can you sue in a wrongful death lawsuit?

Wrongful death is a relatively new legal concept, but during the past 100 years it has been written into federal statutes and the laws of all 50 states. Examples of wrongful death claims can include claims filed against:

  • Doctors, nurses, and other medical professionals for malpractice
  • Drivers and/or employers of drivers who have caused vehicular accidents
  • Construction companies and landowners that have failed to provide construction workers with appropriate safety devices such as scaffolds, lanyards or harnesses
  • Government agencies that have failed to supervise or protect the public properly
  • Manufacturers and/or distributors or installers of defective products or parts
  • Individuals who have made alcohol or narcotics available to someone who died as a result

Do you have to prove intention in wrongful death cases?

The simple answer is: No. Even if those responsible for your loved one’s death did not have any intention to do harm, they may be guilty of negligence. Negligence is legally defined as failing to act as a reasonable person would have acted under similar circumstances. In order to prove that the defendant was negligent, it must be proved that he or she:

  • Had a duty to the deceased
  • Breached that duty
  • The death resulted from the breach of duty

Who is legally permitted to file a wrongful death suit?

Not just anybody can file a wrongful death lawsuit. You must be legally connected to the individual who died. While in some states this includes members of the immediate, or even more distant, family, or a life partner, in New York State the person filing the wrongful death claim must be the “personal representative” of the deceased’s estate.  This is usually the executor of the will, although the Surrogate’s Court can appoint a family member.  In cases where the individual who dies did not have a will, the Surrogate’s Court can appoint a representative.

This is not to say that the executor or representative is the only person who will benefit if the claim is successful. The wrongful death claim is made on behalf of the “estate” (all heirs or beneficiaries of the deceased, in addition to any parties who have suffered financial losses as a result of the person’s death). This means that damages may be awarded to cover the care of a child until he/she reaches adulthood or support for an elderly parent for the remainder of his/her life.

What do wrongful death damages cover in New York?

In New York State, settlements or verdicts in wrongful death cases may differ depending on specific circumstances. Commonly, damages may be awarded for:

  • Funeral and burial expenses
  • Medical and other healthcare bills related to the deceased’s final injury or illness
  • Lost wages between the time of the deceased’s final injury or illness and his/her death
  • Pain and suffering endured by the victim after the final injury or during the final illness
  • Payment for support and services of family members
  • Value of parental nurturing, care and guidance to surviving children

Advantages of Contacting The Law Offices of Arthur O. Tisi

If you have suffered the loss of a loved one due to the negligence or wrongdoing of another, you should contact Arthur Tisi to seek resolution and justice.  Mr. Tisi and his team will treat you with respect and sensitivity, realizing how vulnerable you are at this terrible time. You can entrust us with your wrongful death case knowing that we will fight strongly to obtain the compensation you are entitled to. We can be reached at 917.789.1390 at any hour or you can contact us at the Arthur O. Tisi website using the form we provide.

 



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225 Broadway, Suite 1202, New York, NY 10007
| Phone: 917.789.1390

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