Huntington, NY Wrongful Death Attorney
Filing a wrongful death lawsuit can be one of the most difficult things for a plaintiff to do. Not only must plaintiffs deal with the grief of losing a loved one and the difficulty of planning a funeral, going through the deceased’s will, and other postmortem preparations, but they also must deal with the fact that their loved one died because of someone else’s negligence. The fact that death could have been averted can weigh heavily on plaintiffs looking to file a wrongful death claim.
We are here to lend a hand. Our attorneys are able to handle wrongful death claims with the sensitivity and care required to be successful in court. We can gather evidence, interview witnesses, and fight for you in court so that you can get the justice you deserve for a death caused by negligence.
Talk to The Carrion Law Firm’s wrongful death lawyers about your case for free by calling (718) 841-0083.
Causes of Wrongful Death Lawsuits in Huntington, NY
Wrongful death lawsuits generally result from accidental death resulting from another party’s negligence. Most negligence-based accidents that can result in personal injury can also, unfortunately, result in the death of someone involved, generating a wrongful death claim. Our wrongful death lawyers handle claims that could arise from a variety of circumstances.
Car and Motor Vehicle Accidents
Car accidents are a leading cause of wrongful death lawsuits. Negligent driving is incredibly dangerous, as impacting another driver or a pedestrian at high speed has a chance of taking their life.
Drunk driving, or driving under the influence, is notorious for causing many deaths on the road. A drunk driver cannot react as quickly to changing circumstances around them, and they will make riskier decisions as their judgment is likely impaired. Driving while fatigued can have a similar effect. Some studies have shown that driving after 24 hours of wakefulness is akin to driving with a blood-alcohol content of 0.10%. Fatigued driving is particularly a problem for truck drivers who spend long hours on the road traveling great distances. Moreover, their large , heavy vehicles are far more likely to cause fatalities in accidents than ordinary cars.
It may seem unlikely, but a product not working as it should could result in the death of an end-user. For example, a car with defective brakes might not stop in time to avoid a fatal crash, or a firearm could have a defective safety and go off unexpectedly.
A claim for a death from a defective product can be brought on a legal theory of negligence, strict liability, or breach of warranty. Negligence means that the product was assembled or designed carelessly, and as a result, the deceased lost their life. Strict liability makes the defendant who designed the product liable for the death despite the surrounding circumstances. However, this type of liability is very rare and can be complicated to claim in court. Finally, breach of warranty claims argues that the defendant misrepresented that the product was safe. For example, if a salesperson assured a customer that the brakes in a car “worked like a charm,” and then the customer’s brakes failed, and they lost their life, the salesperson might be liable in a wrongful death claim.
Construction or Workplace Accidents
Workplace accidents, especially on construction sites, are capable of resulting in the death of the victim. Construction sites in particular are filled with hazards that could prove fatal. There are numerous sharp, heavy objects strewn about, people sometimes work in high places, and there is heavy machinery that could easily kill someone if misused.
Generally, the remedy for workplace injuries and death is Workers’ Compensation. However, there are other ways of getting compensation that might allow you to file a wrongful death lawsuit.
Medical malpractice is when a medical professional negligently injures or misdiagnoses a patient. Unfortunately, that negligence can also lead to death. If a medical professional has a slip of the hand during surgery, misdiagnoses a treatable illness that ultimately results in death, or incorrectly prescribes medication, you might be able to file a wrongful death claim.
The Statute of Limitations for Wrongful Death Claims in Huntington, NY
There is a limited amount of time to file a wrongful death lawsuit in New York. There is a law called the statute of limitations that puts a time limit on how long plaintiffs have to file lawsuits. Each state will have its own time limits in place, and these time limits can vary depending on what you are suing for. In New York, plaintiffs have two years from the time of death to file a wrongful death lawsuit pursuant to E.P.T. Law § 5-4.1. After that time, you will not be able to file a lawsuit. Make sure you contact our wrongful death lawyers quickly so that we can file a claim for you in a timely fashion.
Personal Representatives and Executors in Huntington, NY Wrongful Death Lawsuits
In New York, wrongful death lawsuits are brought by someone called a “personal representative.” Personal representatives are individuals who represent a deceased plaintiff in a lawsuit. Generally, a personal representative is either a volunteer – likely a close family member – or is court-appointed.
Personal representatives are usually only used when the plaintiff dies “intestate” or without a will. If the deceased has a valid will, then an “executor” will do the tasks of a personal representative. Executors are named in the deceased’s will and manage their worldly possessions after the deceased has passed away. Part of their job also includes filing a wrongful death lawsuit if necessary.
Call Our Huntington, NY Wrongful Death Lawyers Today
The Carrion Law Firm’s wrongful death lawyers are ready to hear about your case when you call (718) 841-0083.