New York City Wrongful Death Attorneys

The lawyers at German Rubenstein LLP have experience representing families that have suffered through the wrongful death of a family member.  If you lost a family member as the result of an accident or the negligence of someone else, we are here to help you fight for justice.

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A wrongful death claim may be filed if someone died as the result of the negligence or intentional act of another.  A surviving child, spouse, parent, or dependent may have a claim to recover damages for the wrongful death of his or her loved one.

What is a Wrongful Death Case?

Wrongful death is a broad area of law in which someone dies through the negligence of another.  Wrongful death cases commonly result from motor vehicle accidents, including car, truck, motorcycle, and pedestrian accidents, medical malpractice, product malfunctions, and construction accidents.

 An action arising out of a negligent act resulting in a decedent’s wrongful death should also include a separate claim (the decedent’s survival claim) for the decedent’s conscious pain and suffering prior to death. 

If you have suffered as the result of the wrongful death of a family member, take the following steps:

  1. Make A Report · Call 911 or the police and have them complete an accident, incident, or police report
  2. Take Photographs · If you are physically able, take pictures of the scene, and evidence surrounding your loved one’s wrongful death. You must save these pictures and provide copies to your attorneys.
  3. Witness Information · If there are witnesses, make sure to get their name and contact information.  Make sure the witnesses are identified in any report.
  4. Call An Attorney · Wrongful death incidents are caused by the negligent of another. You need a New York wrongful death attorney on your side. The attorneys at German Rubenstein LLP can help you – call us at 214-704-2020

How We Handle Wrongful Death Cases

After you have suffered the loss of a loved one, you may be facing financial, emotional, and psychological trauma.  The lawyers at German Rubenstein LLP will provide sound legal advice and fight for you, so that you can avoid costly mistakes. As your attorneys, we will:

  • Help you deal with your emotional pain and suffering
  • Investigate your claim to determine who may be liable for your loved one’s death
  • Gather and review all evidence
  • Evaluate your potential compensation
  • Consult with experts including medical and other experts
  • Litigate on your behalf to obtain the best possible outcome
  • Negotiate with the insurance company to try to reach a settlement
  • Try your case to verdict if a settlement cannot be reached

Common Questions About Wrongful Death Lawsuits

Who Can Bring a Wrongful Death Case?

Pursuant to Section 5-4.1 of The New York Estates, Powers and Trust Laws (“EPTL”) a personal representative of the estate of the deceased person may bring a lawsuit for wrongful death.  In general, you have two years of the decedent’s death for the representative to initiate the wrongful death lawsuit. 

What are the Common Causes of Wrongful Death Cases?

  • Car accident
  • Truck accidents
  • Motorcycle accidents
  • Construction accidents
  • Failure to diagnose medical conditions
  • Medical malpractice
  • Defective products
  • Nursing home negligence

What are Common Injuries Sustained by Pedestrian Accidents?

  • Head injuries
  • Neck injuries
  • Back injuries
  • Foot injuries
  • Ankle injuries
  • Knee injuries
  • Hand injuries
  • Wrist injuries
  • Traumatic brain injuries (TBI)
  • Spinal cord injuries

How Much is My Case Worth?

Section 5-4.3 of the EPTL (the pecuniary loss statute) provides that the personal representative of a decedent’s estate may sue for pecuniary (monetary) loss on behalf of those persons who would recover under the estate.  Pecuniary loss claims may include:

  • Lost wages
  • Loss of support
  • Loss of assistance or services
  • Loss of inheritance
  • Loss of guidance and care
  • Loss of physical, moral, and intellectual training
  • Medical expenses
  • Funeral and burial expenses

How Long Do I Have to Bring a Lawsuit?

The Statute of Limitations is the legal time frame within which you must file a lawsuit related to a specific event. If you wait too long to contact a lawyer, you may lose your right to sue due to the statute of limitations expiring. If you think you might have a legal claim, it is crucial to speak with a lawyer as soon as possible to assess your situation and determine the best course of action. 

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If you don’t win, we don’t get paid.

Contact the attorneys at German Rubenstein LLP today for a free consultation: (212) 704-2020

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German Rubenstein LLP

19 West 44th Street
Suite 1500
New York, NY 10036

Phone: 212.704.2020
Email: info@germanrubenstein.com

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