Manhattan Wrongful Death

A wrongful death occurs when some passes away in an accident or incident that was caused because another person was negligent, or because a person acted intentionally. When this happens, surviving family members can hold the negligent person accountable through a wrongful death claim. Wrongful death claims involve all types of fatal accidents including auto accidents, workplace accidents, falls, bike accidents, train accidents, medical malpractice, or product liability cases. Defendants in wrongful death claims range from individuals to businesses to government agencies. If a family member passed away in an accident due caused by the reckless or negligent behavior of another person, it is critical that you contact an experienced Manhattan wrongful death lawyer who will explain to you the process for holding the responsible party financially accountable.

Common types of fatal accidents

A fatal injury can occur in any type of accident. Generally speaking, order for the family of the victim to have a viable claim, the accident must have been caused by another person's negligence or intentional act.

• Car accidents
• Truck accidents
• Subway accidents
• Boat accidents
• Bicycle accidents
• SUV rollover accidents
• Construction accidents
• Workplace accidents
• Recreational sports accidents
• Slip and fall accidents
• Premises liability accidents
• Medical malpractice
• Birth injuries
• Defective products
• Criminal act such as assault

Pursuing a wrongful death claim

Under New York law, the family members of victims killed in accidents caused by the negligence of another person can pursue a wrongful death action for compensation.

• Medical expenses. Compensable losses in a wrongful death claim are the medical expenses associated with treating the victim's injury suffered in the fatal accident. For example, a victim who suffers a traumatic brain injury may survive for weeks and longer in a hospital or nursing facility. Expenses related to his or her care in those facilities are compensable medical expenses.
• Pain and suffering. Another compensable loss is related to the pain and suffering related to the injury. Victims who eventually succumb to their injuries sometime experience a great deal of physical pain as well as emotional suffering before passing away.
• Loss of support. When a loved one passes away, the family members often suffer financially, particularly in cases where the victim provided all or a great part of the family's financial support, including paying every day expenses, building savings, and providing job-related benefits such as health insurance.
• Funeral and burial expenses. This includes funeral and burial or cremation expenses.
• Workers' compensation benefits. If the accident was work-related, the surviving spouse and children of the victim may be entitled to death benefits from workers' compensation. Such benefits would include compensation based on the victim's average weekly earnings and a specific dollar amount for funeral expenses.

While many victims of fatal accidents pass away within moments of hours of the accidents, some victims live much longer. A wrongful death claim is still viable, even if the victim lives for weeks or even months after the accident.

Contact the Law Offices of Stephen Bilkis & Associates

Wrongful death cases are difficulty for the family. They can also be legally complicated. To ensure that your interests are protected and that you receive the maximum compensation to which you are legally entitled, it is important that you are represented by attorneys with experience handling wrongful death cases. Contact the Law Offices of Stephen Bilkis & Associates right away to discuss the details of your case as there are strict time limits for filing wrongful death claims. Our staff is experienced in handling claims involving wrongful death cases related to construction accidents, premises liability accidents, car accidents, product liability, and medical malpractice. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.