Newburgh Wrongful Death Lawyer
Finkelstein & Partners
1279 Route 300
Newburgh, NY, 12551
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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959
When your family deals with the loss of a loved one, the last thing on your mind is getting compensation. This loss, however, can leave a significant impact on the financial stability of the family. When the death was avoidable, were it not for the action or inaction of other persons, then a family should consider a wrongful death claim.
If a loved one dies, you may file a wrongful death claim for:
- Fatal car accidents where someone else was at fault
- Death resulting from a faulty product
- Death caused by medical malpractice
- Death caused by willful actions such as shootings or stabbings
- Death from injuries sustained in slip and fall accidents
There is never sufficient money to compensate anyone for the heartbreaking loss of a loved one. Securing a more stable financial future for the surviving family members and holding the responsible person accountable for their actions or inaction is the purpose of these suits.
When your family is dealing with the unimaginable loss of a loved one resulting from a negligent or deliberate act by a third party, Finkelstein & Partners’ Newburgh wrongful death lawyers can help you take control of your family’s financial future.
Wrongful Death Claim Elements
New York statutes regarding wrongful death allow a decedent’s estate and the decedent’s heirs to file wrongful death claims. To show that a wrongful death occurred, the burden of proof is on the party who files the claim.
Some of the cases where wrongful death claims may be appropriate include:
- Car accidents – When someone causes a car accident because they were driving recklessly, distracted, or under the influence of alcohol or drugs and caused someone’s death, the family and the estate have the right to file a wrongful death claim.
- Slip and fall accidents – When property owners fail to maintain their property safely as dictated by New York statutes, and someone falls and their injuries result in death, there may be grounds to pursue a wrongful death case.
- Deliberate actions resulting in death – When a gunshot or stabbing victim succumbs due to their injuries, the person who wielded the weapon may be held financially responsible for the family’s loss.
- Medical malpractice – Few things are more heartbreaking than losing a family member because a physician misdiagnosed an illness, prescribed a drug inaccurately, or failed to note certain risks that could cause death absent certain procedures. In these cases, holding the medical professional accountable for the family’s loss can help call attention to egregious errors in medical practices.
These are just a few types of situations that can result in the death of someone who otherwise would have led a long, healthy life. When someone loses their life, and the reason is negligence, they should be held financially accountable.
Anticipated Areas of Financial Recovery When Filing a Wrongful Death Claim
Like any personal injury lawsuit, Wrongful death lawsuits have two distinct categories of financial recovery. Wrongful death claims may include economic and non-economic losses, and in some cases, punitive damages.
- Economic losses – These financial losses include loss of income, both current and future, medical bills associated with the decedent’s care from the time of the injury through their death, loss of services or support, and the costs associated with funeral and burial expenses.
- Non-economic losses – These losses are harder to calculate but may include pain and suffering before the victim’s death, loss of companionship, and loss of guidance if the victim had children.
- Punitive damages – Punitive damages may come when especially egregious actions or inactions resulted in someone’s death.
The best way to understand compensation for wrongful death is to speak with an attorney who understands how to perform the calculations and what categories of compensation you may seek.
Overcoming the Denial of Liability
There is not a single person who wants to accept liability for the loss of life, even with clear evidence that the action or inaction caused one.
The first line of defense in a wrongful death is the defendant’s insurance company. Insurers will take steps to minimize the claims to protect their bottom line. This is true whether the death resulted from an auto accident, a construction site accident, or medical malpractice. After all, when an insurer pays an insurance claim, it takes something from their profits.
When a surviving family member or a decedent’s estate works with Finkelstein & Partners, they can feel confident that our team of experienced lawyers will not rest until they have exhausted every possible way to get a fair settlement on behalf of their client.
When your family is going through the emotional trauma and turmoil of losing a loved one, the last thing you want to deal with is insurance companies that will work hard to get you to accept a fast and often low settlement. Insurers know that your family is vulnerable during this time, and chances are you are also facing some unexpected financial challenges.
Review any documents received from an insurer before signing them—better yet, have them reviewed by an experienced attorney so you fully understand what you sign.
Our Newburgh Wrongful Death Lawyers Can Help You
You do not have to face the challenges and complexities of filing a wrongful death claim on your own. Instead, contact Finkelstein & Partners in Newburgh today and let us evaluate your case. We can advise you of your legal options and help you decide which option is best for your family’s financial future.
Frequently Asked Questions Regarding Wrongful Death Claims
Finkelstein & Partners believes the best clients are well-educated, so we strive to help them understand the strengths and weaknesses of their claims. You will have to make many decisions regarding your claim. Here are some of the most common questions about wrongful death claims.
How much will it cost me to hire you for a wrongful death lawsuit?
Our initial consultation and case evaluation are free when we meet with clients with wrongful death cases. If we decide to take on your case and you hire us, we will not accept any legal fees unless and until there is a settlement reached in your case. There may be other fees, such as document preparation and filing fees which may be due regardless of the case’s outcome.
How much can I recover financially with a wrongful death claim?
This common question has no easy answer. Every wrongful death case is different. Victims are of different ages; they may or may not have children, may or may not have had an extended hospital stay before death, and may or may not have worked outside the home before their death. When you are working with us, we will be able to offer you a range of potential settlement amounts based on your specific case.
How long does it take to settle a wrongful death claim?
Unfortunately, the time to settle a claim can vary significantly from case to case. Some of this will depend on whether there are multiple parties responsible for the death, how willing the parties are to accept liability, and how negotiations proceed with insurance companies.
Remember, the first steps involve filing the initial claim. Gathering all the pertinent evidence of liability and assessing that evidence takes time.
Once we establish this, we file a claim with the insurance company.
They have some options:
- Deny the claim outright – The insurance company may claim someone else was liable, and therefore they have no reason to approve the claim.
- Accept liability and make a counteroffer – Should this occur, your lawyer will review the counteroffer and advise you of its pros and cons so you can make an informed decision.
Should the counteroffer be denied, the negotiation between your attorney and the insurer’s attorney will likely take some time. Remember, the insurer and your attorney will review each offer and counteroffer. At any time, you are free to accept an offer if it is in your best interest.
What happens if the insurance company denies the claim?
If the insurer denies your claim outright, you may need to file a lawsuit.
What if the insurer makes a lower offer than what we are willing to accept?
Your attorney may advise you to make another offer, or they may suggest filing a lawsuit. Remember, a family or the decedent’s estate has to file wrongful death claims in a limited amount of time. If the claim is against the town or municipality, this time may pass quickly.
What happens in the case of wrongful death due to deliberate actions, and a criminal case is pending?
One case is civil, and the other is criminal, and each requires different burdens of proof. In fact, in some cases, lack of evidence stops a criminal case or the court finds the defendant not guilty. This does not diminish the potential for a successful civil wrongful death claim.
Can I file a wrongful death claim without a lawyer?
This is a bad idea. Mistakes can occur with the complicated documentation required to facilitate a settlement. Insurers will take any legal steps to minimize the amount of the claim. As a surviving family member or estate representative, unless you fully understand the laws pertaining to wrongful death claims, you could be forced into accepting a much lower settlement than what might otherwise be available.
What should I do if the insurance company contacts me before I have spoken with an attorney?
You may be able to answer basic questions such as the date of death of the decedent and specific information about the date, time, and location of the incident which led up to the death. However, beyond that, it is a good idea to contact a lawyer before providing any additional information. The last thing you want to do is jeopardize your legal standing.
Contact Finkelstein & Partners Today
While we cannot replace the love and companionship of your loved one, we can help you hold the responsible parties accountable for your loss. We know no amount of money can make up for your loss, but you should not have to face a future of financial uncertainty due to someone’s negligent or deliberate act.
Contact the Newburgh offices of Finkelstein & Partners today at (845) 562-0203 for your free case evaluation. Knowing your legal rights and understanding your options can help you take control of your family’s financial future and gain some closure for the loss of your loved one.
Our very first office was opened in Newburgh in 1959, and we are proud to say our headquarters is still located in the heart Newburgh. Whether it is providing exceptional legal representation or giving back to our community, we strive to give our all.