New York City Wrongful Death

Whether it happened in a car accident, a fall at a construction site, or in some other type of accident, suddenly losing a loved one in an accident is emotionally painful for family members and friends. Because the attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience representing families who have lost loved ones in accidents, we know that you want answers and you want closure. We also understand that losing a loved one can be financially taxing on the family, particularly if the lost loved one was the primary wage earner in the household. We are here to help. If your family member died from injuries suffering in an accident due to another person’s negligence, contact a New York City wrongful death lawyer who will help you hold the negligent party financially accountable for the losses you suffered.

Pursuing a wrongful death action

In order to prevail in a wrongful death action you must be able to show that the defendant owed the victim a duty of care, that the defendant breached that duty by being negligent, that the victim died as a result of the actions of the accident, and that you suffered damages.

In order to prevail in your wrongful death claim you must show that the defendant owed the victim a duty of care. For example, New York law requires that motorists operate their vehicles in a safe manner and that premises owners have a duty to keep their property free of hazards. If the victim died because a motorist failed to stop at a red light, or the victim died because a property owner failed to repair a broken staircase, there is evidence that the defendant breached a duty of care.

You can show damages with proof of medical expenses, loss of income, funeral and burial expenses, pain and suffering and loss of consortium.

Proving these elements can be complicated. Causation in an accident is not always obvious. A review of accident scene evidence, witness statements, and medical records may be necessary to prove fault. The defendant will likely deny responsibility and the insurance company will seek to minimize the amount of money it has to payout. However, an experienced wrongful death attorney serving New York City will have the resources to thoroughly investigate the accident, review evidence and consult experts if necessary, in order to ensure that you receive the maximum compensation to which you are entitled.

Hypothetical

Adrian and his wife, Tina, rented a loft apartment from Jerry. A few days after they moved in, as Adrian walked up the stairs to the loft, the stairs collapsed. Adrian fell and suffered a brain injury. Tina immediately called 911 an Adrian was rushed to the hospital. He lingered in a coma for several days, but eventually died from the trauma to the brain. Devastated by the loss of her husband and faced with medical bills and a loss of financial support, Tina contacted a wrongful death attorney in New York City to find out how to file a wrongful death lawsuit against the landlord.

Jordan was sitting at a red light when she glanced in her rearview mirror and saw an SUV approaching at a high speed. Jordan could not move her vehicle as there were stopped cars in front of her and on each side of her. The SUV, which was driven by Stan, slammed in her vehicle, causing her car to slam into the car in front of her. Jordan suffered mild injuries and was treated at a hospital and released. Boris, who was a passenger in the car in front Jordan, was not so fortunate. He was rushed to the hospital, but died a few hours later. Boris’ family filed wrongful death lawsuits against both Jordan and Stan. The case against Jordan will likely fail because Jordan was not negligent. Her actions did not cause Boris to die. On the other hand the case against Stan will likely result in a substantial award to Boris’ family, as Stan’s actions were the cause of the accident and Boris’ death.

Contact the Law Offices of Stephen Bilkis & Associates

Wrongful death cases are difficult 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 1-800-NY-NY-LAW (1-800-696-9529) 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.

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