Losing a loved one to a “wrongful death” would not only overcome you with grief, but you would also likely be overwhelmed by legal and logistical matters. At Kohan Law Group in Manhasset, our skilled attorneys are well-prepared to take over the latter so that you begin to mourn and heal. We serve clients throughout Nassau and Suffolk Counties and the five boroughs of New York City.
What makes a wrongful death especially painful is that it involves the element of someone else’s negligence or willful disregard for life. Knowing that you would not be enduring this terrible loss if only another had been more careful and responsible creates a special kind of misery and resentment.
Our wrongful death lawyers have the knowledge and experience to fight for your rights and obtain justice for your loved one in the wake of the tragedy in Nassau or Suffolk County. You can depend on us to do everything in our power to bring you and your family the compensation you may deserve. It should reassure you that we have an impressive track record of successful outcomes both through out-of-court negotiations and at trial.
What Is Wrongful Death?
From a personal perspective, any death of someone close to you can feel “wrongful,” particularly if the person died at a young age or through particularly different circumstances. Legally, however, wrongful death is defined as a death that results from the misconduct of another, i.e., a negligent or intentional act. Basically, a wrongful death lawsuit is possible when the deceased could have filed a personal injury lawsuit had they survived the alleged incident.
Even if the defendant in a wrongful death case was never charged with or found guilty of a crime, the defendant may still be held responsible for wrongful death. Wrongful death is a civil, not criminal charge, so it will not result in jail time. Nonetheless, the financial penalties paid to the victim’s survivors may be significant, which can be a form of justice for a defendant in the only way possible.
It is easier to prevail in a wrongful death lawsuit than a criminal lawsuit because the burden of proof is lower. In a criminal case, the defendant’s guilt must be proved “beyond a reasonable doubt.” In a civil lawsuit, the plaintiff need only prove the defendant’s liability “by a preponderance of the evidence.” Notably, a defendant may be sued for wrongful death at the same time as they are facing criminal charges.
Types of Wrongful Death
Tragically, wrongful deaths can happen to innocent victims of any age and occur in places that may seem entirely safe. They are always unexpected and include:
- Car or pedestrian accidents due to drunk, drug-impaired, or other reckless driving
- Premises liability, e.g. slip and falls, burns, exposure to toxins, swimming pool accidents
- Product liability if a death results from a defective vehicle, device, toy, tool, etc.
- Physical or sexual assault
- Workplace accidents due to poor maintenance, poor sanitation, environmental hazards
- Catastrophic accidents at a construction site, playground, park, school, amusement park
- Medical malpractice, e.g. surgical, anesthesia or prescription errors, misdiagnosis, birth injury, or nursing home abuse or neglect
Regardless of what kind of wrongful death took your loved one, Kohan Law Group’s caring and capable wrongful death attorneys will stand by your side and help you navigate the justice system.
Who Can File a Wrongful Death Lawsuit in New York
Although many states allow close family members to bring wrongful death claims to court, New York law requires that the personal representative of the deceased person’s estate file the wrongful death lawsuit. Damages, if obtained, will be distributed according to state law protocol, depending on whether the decedent had a spouse, children, or living parents. Because the sequence in which death benefits will be distributed can be confusing, it is essential to have a well-informed wrongful death attorney to guide you and protect your best interests.
How Kohan Law Group Can Help
Our wrongful death attorneys in Nassau County will evaluate your case for free to see whether you have a viable claim. Once you become our client, we will assist you in filing a lawsuit to hold the appropriate party accountable. We will perform all of the following services efficiently and effectively and will charge you no attorneys’ fees until we recover damages:
- Interview witnesses
- Handle all negotiations with opposing counsel and insurance adjusters
- Investigate and photograph the particulars of the event that caused the death
- Examine police records, medical reports, and any other pertinent documents
- Draft, review, and file any necessary papers in a timely fashion
- Check out whether the defendant has a history of negligent behavior
- Consult with experts in related fields who may bolster your case in court
Most importantly, we will use our well-honed legal skills to provide you with the best chance of winning the substantial damages you may be entitled to receive.
Damages We Will Fight to Win
If we win your case, depending on specific circumstances, you may receive some or all of the following:
- Medical and end-of-life costs for the deceased
- Funeral and burial/cremation expenses
- Lost income the deceased would have provided if they had lived
- Loss of household services the deceased would have performed
- Loss of financial, emotional support, and guidance the deceased would have provided
The law recognizes that losing a loved one involves much more than a financial loss. In spite of the fact that it is impossible to quantify emotional loss, the death benefits awarded may provide a welcome cushion and some measure of security for the family members left behind.
Contact Our Experienced Wrongful Death Attorneys Today
Going through the wrongful death of a loved one is exceedingly painful. At Kohan Law Group, we are dedicated to getting you meaningful restitution for your unfathomable loss. As soon as you get in touch with us, we will begin working hard to resolve your case so that you can make peace with the situation. Contact us now so we can start discussing your options and preparing for your future.
Kohan Law Group represents wrongful death families and victims throughout Nassau County as well as in New York City, including Queens and Brooklyn, from their Manhasset office in North Hempstead.