Denis Davydov
New York Wrongful Death Lawyer
The loss of a loved one is emotionally devastating, with the pain of that loss bringing up unexpected emotions, from shock to disbelief to anger. But it is particularly tragic when it is caused by someone else’s negligence.
In the middle of your grief, you are also left with the financial aftermath, the costs of burying your loved one, and a future without their support and guidance.
In New York, direct family members may be able to file a wrongful death claim against the at-fault party.
Top Rated New York Wrongful Death Attorneys Are Here To Help
If you’ve lost a loved one due to the negligence or intentional act of another, getting the advice of an experienced New York wrongful death attorney may be critical to moving on from your loss. At The Law Offices of Denis Davydov, we are committed to representing clients who have been victimized by the negligence of others to ensure that they are legally compensated for their losses. To learn more about filing a wrongful death claim or to discuss your case, call to speak with our experienced attorneys today. Call now for a free consultation (718) 332-5919.
Denis and his team are great lawyers. They really care about your cases, and you are constantly kept updated. I like everyone in the office, and my calls were always returned on time, everyone was super nice. I was very happy to get a good settlement when all was said and done. God forbid I ever need to find a personal injury attorney again, I'll definitely go back to Denis. Thank you again!
What is Wrongful Death?
Families of a deceased party can sometimes file a wrongful death claim to be compensated for the damages of the deceased family member.
A wrongful death is a death that is caused by the negligent or intentional act of another party. Wrongful death benefits are similar in scope to a personal injury claim but it is filed by a family member. Compensation from this type of claim covers costs associated with the deceased party’s injuries and death as well as the losses of financial and emotional support by the family.
A wrongful death can be caused by any number of accidents or even intentional acts. Some of the more common causes of wrongful death are:
- Car accidents
- Pedestrian and bicycle accidents
- Premises liability accidents
- Dangerous or hazardous products
- Medical malpractice
- Work-related fatalities
- Homicide
- Another kind of fatal accident
Any reckless act that results in the death of another person and leaves financial damages behind for the surviving family may be subject to a claim for wrongful death. If you have experienced a death of a loved one and are not sure if you have the grounds to bring a wrongful death claim, call to speak with experienced personal injury lawyers at the Law Offices of Denis Davydov today (718) 332-5919.
Do I Have a Valid Wrongful Death Claim in New York?
Although no amount of money will ever compensate you for the loss of your loved one, that is not the purpose of wrongful death benefits. The purpose is to ease the financial burdens caused by losing that person.
The surviving family members will most often be left with costs associated with the accident and injuries that precipitated their loved one’s death. They will be left with the costs of the funeral and burial. They will be left to live a life without the care and support of that loved one. These are the monetary damages that wrongful death benefits are meant to compensate for.
If your loved one would have been able to bring a personal injury claim had they survived, then their loved ones may be able to bring a wrongful death lawsuit in New York. To discuss your wrongful death claim, Call for a free consultation with the Law Offices of Denis Davydov today (718) 332-5919.
Do I Have Grounds to Pursue a Wrongful Death Case in New York NY?
There are important elements that make up a wrongful death lawsuit in New York. As a surviving family member, you must be able to prove these things:
- That your loved one’s death was a result of the incident or accident in question
- That the deceased party’s death was caused by the negligence of the defendant
- That the death of your loved one has directly affected you or other family members
- That the death has caused financial hardship for the family
Our experienced wrongful death attorneys work diligently to help you prove each of these as well as the key element of negligence. We do this by thoroughly investigating the incident that caused your loved one’s death by analyzing and examining police reports, witness interviews, and physical evidence.
Who Has Grounds To File Wrongful Death Lawsuits in New York City?
Not all family members are eligible to seek damages in a wrongful death lawsuit. In the State of New York, the law is specific about who has grounds to file for wrongful death benefits. These are
- The children of the deceased
- The parents of the deceased
- The spouse of the deceased
- A representative of the estate
Typically, no other family members can file a wrongful death lawsuit unless there are other circumstances. If none of these family members are available to file a claim, it is possible for another relative to file one. Your New York City wrongful death lawyer will be able to advise you if you have grounds for a wrongful death lawsuit as they apply to your unique situation. If you are not sure if you have grounds to file a New York wrongful death case, call for a free consultation with our experienced attorneys today (718) 332-5919.
I was in a car accident about two years ago, and I was hurt bad. I went to another lawyer but they didn't really seem to care much so a friend told me about Denis Davydov law office and said to go here instead. They were so nice, I'm really glad I made the switch. After I switched my car accident lawyer, the whole process went much smoother and I was able to get a good settlement, and get it quickly too. Definitely happy with my experience and would tell anybody to go here.
How Does a Wrongful Death Lawyer Establish Fault In Wrongful Death Cases?
A wrongful death claim must establish fault in order to be successful. This becomes a matter of proving negligence which is the key determinator in most personal injury claims. Proof of negligence will hinge on four important elements:
- Duty of care -- that the defendant had a duty to act cautiously and safely. For example, in the case of a car accident, the defendant had a duty of care to all other drivers and pedestrians to drive with reasonable caution to ensure everyone’s safety.
- Breach of duty of care -- that the defendant’s behavior was not consistent with their legal obligation. This is determined by whether this behavior would have been what another reasonable person would have done in a similar situation.
- The breach was the direct cause of the death -- causation is a very important element to establish negligence.
- There were damages as the result of the death -- this is how compensation is determined. You will be compensated based on the costs associated with the death of your loved one. These can be both economic and non-economic damages, including pain and suffering that your loved one may have endured.
Negligence can be complicated to prove and will usually require extensive investigation. This can include interviewing witnesses, collecting and reviewing medical records and costs, reviewing any surveillance videos, working with accident reconstruction professionals, and evaluating any other evidence as it relates to the death.
Your attorney must also establish and quantify damages. This is relatively easy when they are directly tied to expenses, but assigning value to non-economic damages requires more finesse and skill. These can be for things such as:
- The pain and suffering that your loved one suffered
- Your loss of financial support that would have been provided by the deceased
- Loss of companionship, loss of consortium, and other intangible losses
Putting dollar figures on these can be challenging.
Although your New York City wrongful death lawyer will work hard to support your claim, the other side and their associated insurance company will also try to prove that negligence did not take place, often blaming the deceased party. Unfortunately, this is a common practice. This is why it is essential that you work with a highly experienced lawyer to be able to fully support your claim to ensure that you are getting the compensation you legally deserve. For a free consultation with top-rated New York wrongful death attorneys, call now: (718) 332-5919.
What Kind Of Compensation Can Surviving Family Members Get?
Compensation will be different for each wrongful death claim depending on the losses and damages that have been sustained, the age of the deceased, and other factors. These can include things such as:
- Funeral and burial costs
- Any medical costs for hospitalizations, treatments, or surgeries that the deceased incurred prior to death
- Loss of the financial support that the deceased would have provided
- Loss of the value of services that the deceased would have provided
- Loss of care, guidance, and nurturing that the deceased would have provided
- Loss of consortium
- Loss of inheritance as the result of the death
- Pain and suffering that the deceased endured pre-death
Each of these must be quantified and supported in order to make a claim for compensation.
How Damages Are Calculated in a Wrongful Death Claim
Although economic damages are easier to quantify and calculate, non-economic damages will be more difficult to place a value on. There is a range of factors that are considered when calculating damages in a wrongful death case which can include:
- The age of your loved one at the time of death
- The health of your loved on at the time of death
- Their earning capacity
- Their education and training
- The age of the dependants
- The value of any benefits including insurance, pensions, investments
- Expenses for the funeral and burial
- Medical expenses and bills.
The courts will look at objective evidence that is determined by experts when determining wrongful death compensation. Consequently, your wrongful death lawyer in New York City must have the resources of accountants and other financial experts available to support a claim.
My car was hit by a truck and I spend almost a month in a hospital. Dennis was very kind and patient, and told me exactly how the case would proceed. He was very honest, and gave me all the information I asked for. He told me that big cases often take a while but I always knew what was happening and I could always reach out to him. They even called me sometimes to ask how I was feeling! Anyway, I'm better now but still have some headaches and backpain. They are great lawyers, and I'm happy with the result.
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Hiring An Experienced Wrongful Death Lawyer in New York
If you have suffered the death of a loved one due to the negligence or intentional act of another, you need the skill and advice of an experienced New York, NY wrongful death attorney on your side. At The Law Offices of Denis Davydov, we have dedicated our practice to innocent victims and their families. Contact us for a free consultation. You never pay legal fees unless we recover compensation on your behalf. Call now: (718) 332-5919.
