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Elmira Wrongful Death Attorneys

Wrongful death in New York is the legal concept that one person can be held financially liable for the death of another. When the actions or negligence of one person or company cause someone to die, survivors may file a wrongful death claim on behalf of the deceased. Wrongful death cases can arise from a number of different circumstances: serious car accidents, medical malpractice or other scenarios involving severe personal injuries.

The New York Law Offices of Scott C. Gottlieb & Associates, LLP have represented many clients who have lost loved ones due to the negligence of someone else. Our Elmira, NY, wrongful death lawyers understand that a successful lawsuit won’t bring your relative back, but it will hold the parties responsible accountable for their wrong actions – and it can ameliorate the financial stress incurred by your loss.

If you lost a loved one and you feel someone else is to blame, call our wrongful death attorneys or contact us via our online contact form.

New York Wrongful Death Laws

New York state law governs all wrongful death claims filed within the state. These must be brought within two years of the death, in most cases. Damages or compensation that you can expect to receive varies by case. In general, the types of damages you might expect to recover include:

  • Damages for the conscious pain and suffering that preceded the family member’s death.
  • Reimbursement for all medical expenses incurred as a result of the negligence.
  • Reimbursement for the loss of any future income.
  • Reimbursement for any future services normally provided to you by the person who has died.
  • Reimbursement for loss of consortium — for example, a spouse’s right to the companionship, help and affection from the person who has died.

New York law also requires that negligence be proven in any wrongful death case. In order to establish negligence, the following conditions must be met:

  1. The defendant had a duty to the deceased – for example, a car must obey the rules of the road.
  2. The defendant failed in that duty (breach of duty such as a car failing to stop at a red light).
  3. That the fatality was caused by the defendant’s breach of duty — a car passes a red light and strikes another vehicle or person.
  4. That the survivors are entitled to damages as a result of the loss of their loved one.

Contact Our Elmira, NY Wrongful Death Lawyers

Wrongful death cases are complex, and they are especially difficult for the survivors left to navigate legal battles amid grief. Insurers and other parties may try to offer settlements – do not sign anything without speaking to an attorney first.

At The New York Law Offices of Scott C. Gottlieb & Associates, LLP, we have helped NY families who have suffered the ultimate loss. Experience counts – our successful track record can help ensure that your case is treated with respect and that you receive the maximum damages allowable by law.

If you feel your loved one’s death was the result of negligence, call our Elmira, New York accident lawyers or contact us via our online contact form for a FREE case review. We also serve clients in Syracuse, Watertown, Rochester and Binghamton.

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