Our New York City Wrongful Death Lawyers Help Win Compensation

Losing a loved one is always a terrible, emotional experience, and even more tragic when the death never would have happened, except for another party’s negligence or fault. Surviving family members may be left with no income and no long-term support when they face medical bills and funeral costs, on top of mounting household expenses. It is natural to be struggling with grief and emotional pain, which may be further compounded by anger at the party who caused the death.

While no amount of money can ever replace your loved one, if your family member died due to another party’s negligence or fault, know that you may be entitled to compensation through a wrongful death lawsuit. A settlement award for wrongful death can at least ease your financial burdens and help your family rebuild their lives.

New York wrongful death laws are complicated, and making mistakes can be costly, but you do not have to deal with fighting for compensation on your own. Help is available from the skilled and compassionate NYC wrongful death lawyers at Tucker Lawyers PC. We understand how challenging the consequences of the loss of a loved one can be and the additional stresses that being involved in a lawsuit can bring. That is why we strive to take the burden off you by handling all investigations, legal hurdles and requirements involved with a wrongful death case, so you can concentrate on your family’s needs.

We offer a free consultation to discuss how the wrongful death happened and determine the best way to move forward with your case, so call us today.

How Our New York City Wrongful Death Attorney Can Help

Why Choose Tucker Lawyers?

Wrongful death cases are complicated and sometimes involve criminal and civil charges, and you may be overwhelmed and unsure of whether you want to pursue a case. That is why it’s important to find someone who understands what you are going through and is equipped to handle everything, who also has the resources and qualifications to achieve the desired results. Here are some reasons why we believe you should choose Tucker Lawyers PC:

  • We have more than 30 years of experience with a wide range of personal injury and wrongful death cases. Attorney John Tucker advocates fiercely on behalf of clients in complex legal matters such as wrongful death cases.
  • We get results, such as the $1.35 million we won in a car accident settlement; and we have client testimonials prove it.
  • We handle all legal paperwork and court appearances required by NY law.
  • We are recognized in and give back to the community and have won awards including the AVVO Rating for Excellence in Personal Injury, and the Top 100 Settlements for personal injury from Topverdict.com.
  • We offer free initial consultations to get you started.
  • We work on a contingency basis, so you pay us nothing unless we win and you get your money.

How Our NYC Wrongful Death Lawyers Work for You

Our Tucker Lawyers legal team knows the importance of starting investigations early in wrongful death cases.  When you hire us to represent you, we get to work immediately and will:

  • Meet with you to discuss how the wrongful happened, determine who the responsible parties may be and whether you are eligible to file a wrongful death claim, and evaluate how much your case should be worth.
  • Investigate the accident and gather evidence to prove another party liable, such as videos from surveillance cameras, police, ambulance, and lab and medical reports and documents, and through interviews with witnesses, police officers, and first responders.
  • Hire experts to reconstruct the accident and testify as to all parties who might have been at fault, how the accident affects your life and that of your family, and the costs that you face now and into the future.
  • Negotiate with insurance companies and their attorneys to fight for a fair settlement on your behalf. We will stand up for your loved one’s memory if the insurance company tries to introduce lies into the negotiations or blame your loved one for the death.
  • Build your case and present it in front of a judge or jury if your case goes to trial.

When someone else caused your loved one’s fatal accident, that person must be held accountable, and our NYC wrongful death lawyer will fight to do so.

Damages Our NYC Wrongful Death Attorney May Recover

In a successful lawsuit, our NYC wrongful death attorneys may win a monetary award, called damages. In New York, damage awards usually fall into two categories: compensatory damages, for economic and non-economic losses, and punitive damages, to punish someone for extreme wrongdoing.

Compensatory Damages — These cover your losses, costs and expenses that result from the death, such as funeral and burial expenses, loss of future salary the victim would have earned in their lifetime, and loss of inheritance, financial support, love, care, and companionship. In addition, an award may be made for the victim’s pain and emotional suffering for the time prior to death.

Punitive damages – In some rare cases, punitive damages may also be awarded to punish a defendant who acted in an especially reckless or egregious manner and to deter such behaviors in the future.

Amounts of Damage Awards You May Recover

Juries tend to be sympathetic when a wrongful death is involved, and damage awards for wrongful death can vary greatly, from thousands to millions of dollars. The amount you may recover in your individual case depends on the circumstances involved, such as the degree of fault, the amount of suffering, the availability of evidence and insurance coverage and assets, and the jurisdiction where your case is heard. The skill and negotiating ability of your attorneys to build and argue your case is also a factor.

NYC Wrongful Death Lawyer Must Prove Negligence

Proving another party’s negligence is an essential part of winning a wrongful death case. Our NYC wrongful death lawyer must prove negligence legally by showing the following elements:

  • Duty: The defendant had a duty not to cause harm leading to death.
  • Breach: The defendant breached this duty by actions or failure to act.
  • Cause: This breach resulted in your loved one’s death.
  • Damages: You suffered actual damages as a result.

We would prove negligence through the preponderance of evidence uncovered in our investigations and through the testimony of witnesses and experts.

Common situations where negligence may have led to wrongful death include:

  • Vehicle accidents when someone acts unlawfully, such as driving drunk through a red light and causing a fatal crash.
  • Medical malpractice when a doctor doesn’t follow a reasonable standard of care, such as a surgeon causing a fatal infection by leaving a sponge in a body cavity.
  • Work accidents due to an employer’s failure to provide a safe working environment.
  • Defective products that caused death even when used properly, due to defects in manufacturing, marketing, or where proper danger warnings were not provided.
  • Property accidents such as fatal falls because the owner failed to maintain the property in a safe manner or warn of danger.

In some cases, there may be multiple parties whose negligence led to the death. Our Tucker wrongful death legal team will seek to identify and name all defendants, as they all may have assets and insurance that can go toward a settlement.

Wrongful Death Attorneys in NYC Stand Up to Insurance Companies

When you are dealing with the death of your loved one, you might expect the insurance company that is representing the party at fault to treat you with some compassion. Unfortunately, this doesn’t happen often.

Insurance companies may start out acting friendly, but, in reality, they look to increase profits by attempting to limit the amount of money paid to families for wrongful death claims. To try to convince you to accept a smaller settlement than you deserve, an insurance company may try to make it seem as though your loved one made a mistake that played a significant role in the fatal accident or try to introduce so-called facts into the case that reveal personal details about your loved one’s life that paint him or her in a negative light. The insurer hopes that you will settle the case quickly for less, to put an end to the process.

Trust that our NYC wrongful death lawyer knows how insurance companies behave in cases like this. We will defend your loved one’s memory and make sure the insurance company sticks to the facts and does not lie about what happened. Once you choose to hire our team, we will take over all communication with the insurance company and represent your interests accurately in negotiations to fight for the full settlement you deserve.

New York City Wrongful Death Attorney Answers Frequently Asked Questions

When dealing with the shock of your loved one’s death, you are bound to have questions and concerns.  We can best address these at your free consultation, but to get started, here are some answers to basic questions our clients often ask:

Who can file for wrongful death?

According to NY statutes (EPTL§ 5-4.1), the personal representative of the deceased may maintain an action to recover damages for a wrongful act, neglect or default which caused the death. This could be filed against a person who would have been liable for this wrongful conduct if the death had not occurred.

How long do I have to file a wrongful death claim?

The family members of the decedent generally have up to two years from the date of the fatality to begin the process of filing a wrongful death claim. If the death occurred because of medical malpractice, family members have two-and-a-half years to start the process, according to N.Y. C.P.L.R. § 214-a. If there is also a criminal action, the personal representative generally has least one year from the termination of the criminal action to maintain an action.

How long does it take to get compensation in New York wrongful death claims?

The amount of time required to resolve a claim varies depending on factors such as the complexity of the case, the extent of damages a family is seeking, and the number of parties involved. These cases can take several months or longer to resolve, so it’s always best to begin the process as soon as possible. Acting quickly ensures that you meet the statute of limitations and that your legal team is able to get you compensation in the timeliest manner possible.

Who receives the proceeds from a wrongful death claim?

The family members who can receive the proceeds from the wrongful death claim include a surviving spouse and children. If there are no spouse and children, the decedent’s parents and siblings or the decedent’s estate could receive the proceeds.

Is a wrongful death a criminal or civil case?

A wrongful death claim is a civil lawsuit asking for financial restitution, separate from a criminal case, in which charges are filed by the federal, state, or local prosecutor to punish a wrongdoer. Our attorneys can file a wrongful death claim even if a criminal case is occurring as well.

When you have our Tucker Lawyers on your side, we will be there to answer all your questions and keep you informed throughout the entire legal process. You can trust us to be honest about what may happen in your case.

Call Our NYC Wrongful Death Lawyers for Help

At Tucker Lawyers, PC, our NYC wrongful death lawyers understand that grief may make it difficult to talk about your family member’s death. Be assured that having a lawyer by your side to answer your questions and fight for justice can help. We can assist you in determining whether you have a valid claim and, if so, guide you through the legal process. You can rest assured that we will be working tirelessly to yield a successful outcome for your family.

We provide a free consultation, and there are no costs to you unless and until we win your case, and then fees are taken out of the settlement, so do not delay.

Call Now to Get Started (516) 399-2364

john tucker

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]

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