Nassau County Wrongful Death Lawyers
Serving Clients Throughout Long Island and All Five Boroughs. Call (888) 966-8480 Today!
The loss of a loved one is one of the most challenging things to deal with in life, through this experience can be especially devastating if the loss was the result of a preventable accident. If you have lost a loved one in an accident, the Nassau County wrongful death lawyers at Foley Griffin, can provide immediate assistance helping your family in all legal matters associated with the tragedy, as well as representing your family’s interests against the parties at fault.
Contact a wrongful death attorney at Foley Griffin, for a free confidential consultation regarding your options in a wrongful death claim. We help people in Suffolk and Nassau Counties, and throughout New York City.
When is a death considered wrongful?
When a person dies due to another party’s negligence, their surviving family may file a wrongful death claim against those responsible in pursuit of monetary damages. Under New York law, a wrongful death is defined as a death caused by the wrongful conduct of another person or party in which the conduct or negligence in question would have given rise to a lawsuit where the harmed person could have recovered damages if they had not died. In this sense, a wrongful death lawsuit is very similar to a personal injury claim with the difference being that it is being brought on behalf of the deceased.
Wrongful death claims can stem from a wide range of fatal incidents, including:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bus Accidents
- Workplace accidents
What may be recovered in a wrongful death lawsuit?
There are two separate wrongful death damages that may be awarded. One is wrongful death pecuniary loss. This is the loss of money for his/her spouse or children, and sometimes for a parent when a child contributes to the family. The second is loss of consortium, which is losing the companionship of a spouse or a child.
Recovery in a wrongful death claim may include damages for loss of parental guidance, lost wages, medical expenses, and for conscious pain and suffering. Conscious pain and suffering is the time a person is conscious from the time of the accident to the time of death and can include the fear of impending death.
Who may file a wrongful death claim in Long Island?
Unlike many other states which allow immediate family members to file a wrongful death claim, New York places the responsibility for filing a wrongful death claim solely on the personal representative of the deceased person’s estate. This person may be appointed in the deceased person’s estate plan or appointed by the court during the probate process. While the personal representative must file a claim, damages can be awarded to immediate family members, who include surviving spouses, children or the deceased's parents if no spouse, children or grandchildren are present.
Surviving spouses and children are given priority under the law for distribution of the awarded damages in a wrongful death claim, followed by the parents of the deceased if no spouse or children are present. Finally, siblings of the deceased may be eligible to receive the awarded damages if no spouse, children, or parents are present.
Is there a time limit for wrongful death lawsuits in New York?
Like other personal injury actions, wrongful death claims are subject to a time limit under the state’s statute of limitations. Wrongful death lawsuits in New York must be filed within 2 years of the date of death to be admissible in court. If you attempt to file a wrongful death claim after this deadline has expired, your case will almost certainly be dismissed and you will effectively be barred from recovering compensation. In addition, there are much shorter deadlines for filing a wrongful death claim against the government.
The statute of limitations period for wrongful death lawsuits is strictly enforced and can ultimately make or break your claim. For this reason, it is important to retain strong legal representation early to give your attorney enough time to build a strong case and maximize your chances of success.
Dedicated to helping families recover financial compensation for the loss of a family member.
If you have lost a loved one in an accident and are uncertain of how to proceed, contact a Nassau County wrongful death lawyer at Foley Griffin. We understand what you are going through and can provide the compassionate advocacy you and your family need to move forward.
We can help you administer the estate and file a wrongful death lawsuit. Contact us today at (888) 966-8480.
We have a proven track record to back up our claims of success. Because we take every case extremely seriously, we prepare each one as if it's going to trial. We also employ whatever resources are necessary to produce the best possible outcomes for our clients. It's one thing to say you can achieve great results, but another thing to show that you have delivered them time and time again over many years.
- $2,400,000 Motorcycle Accident
- $475,000 Sidewalk Premise Negligence
- $325,000 Work Van And Stolen Car Crash, Uninsured Motorist Case
- $500,000 Stolen Car Accident
- $1,950,000 Speeding Broadside Car Accident Case In NYC
- $1,055,000 Student Car Accident In New York
- $225,000 Car Race Injury Case In Suffolk County
75 Years of Shared Legal Experience
When it comes to serious legal matters, there is no substitute for experience and a successful track record.
Millions Recovered For Our Clients
At Foley Griffin, we don't just advertise results, we've built a career on delivering them for our clients.
Highly Effective Trial Lawyers
As former prosecutors our lawyers understand the other side of the law and know how to win in the courtroom.
Tailored Approach to Each Case
We're dedicated to our clients! Sometimes this means we take on less cases so that we can commit the necessary time and energy to achieve success.