If you lost a loved one due to someone else’s negligence, you could seek compensation through a wrongful death claim. Wrongful death lawsuits in New York are often complicated, with strict rules governing who can file a claim and when. Trantolo & Trantolo, LLC has been helping injury victims and their families recover compensation for more than 85 years.
Our personal injury lawyers have the skills, experience, and resources to help you navigate a wrongful death case and get justice for your loved one. Contact us today to schedule a free case review with a wrongful death attorney in Melville, NY. We will listen to your story and help you understand your rights.
Wrongful Death Can Occur in Many Situations
A wrongful death refers to deaths caused by the negligent or even reckless actions of another person or party. When the victim’s injuries cause them to pass away, the person responsible can still be held accountable for damages.
Trantolo & Trantolo, LLC has handled many wrongful death claims arising from a wide range of situations, including:
- Car accidents
- Construction accidents
- Motorcycle accidents
- Pedestrian accidents
- Truck accidents
- Dog bites
- Product defects
Our legal team will thoroughly investigate the cause of your loved one’s passing and fight to hold the responsible parties fully accountable.
Who Can Sue for Wrongful Death in Melville, NY?
Under EPT § 5-4.1, the decedent’s personal representative can file a wrongful death lawsuit to recover compensation. This may be the estate’s executor named in the decedent’s will or an administrator appointed by the court. Our team can help you determine the best party to represent your family and recover compensation.
How Are the Proceeds of a Wrongful Death Claim Distributed?
When you win a wrongful death settlement or award, the personal representative of the estate distributes the proceeds between qualified parties. The amount each person receives is based on their portion of the overall damages included in the claim. Per EPT § 4-1.1, parties who may be entitled to part of the wrongful death distribution are considered in the following order:
- Surviving spouse
- Surviving children
- Surviving parents, if there is no surviving spouse or children
- Surviving siblings, if there is no surviving spouse, children, or parents
- Surviving grandparents, if there are no surviving children parents, spouse, or siblings
- Surviving great-grandchildren of the decedent’s grandparents, if no other qualifying parties are available to receive distribution
The court reviews the distributions before they are completed, to ensure the damages are fairly applied. We can help you document damages and advocate for the best possible outcome in negotiations and in the courtroom.
What Losses Can I Recover in a Wrongful Death Claim?
EPT § 5-4.3 allows certain family members of the decedent’s family to secure pecuniary (financial) damages. These damages reflect the actual losses the victim’s family suffered as a result of their untimely passing. They may include:
- Treatment, nursing, and other medical expenses incurred by the decedent’s fatal injuries
- Funeral expenses for the decedent
- Lost income the victim would have contributed to the family
- Services and support the victim would have provided
The damages you can recover in a wrongful death claim are unique and deeply personal. Our legal team will work closely with you and your family to establish the full scope of your losses. It is our goal to ensure you have the financial compensation you need to recover and rebuild after your unexpected loss.
Who Pays a Wrongful Death Settlement?
Most wrongful death claims go through the at-fault party’s insurance. For instance, in a car accident that caused fatal injuries, we would file a wrongful death claim with the responsible driver’s auto liability coverage.
Insurance companies are often stubborn about paying damages, so you benefit from having an attorney on your side. Trantolo & Trantolo, LLC’s Melville wrongful death lawyers will field all legal communication and handle negotiations, so you can take the time you need to grieve.
How Can a Wrongful Death Lawyer Help?
When you hire us to represent your wrongful death claim, you can rest assured that we will handle all the legal footwork on your behalf. While you and your loved ones work to process your loss, we will:
- Fully investigate your loved one’s passing
- Identify all the parties responsible for your loved one’s death
- Build a compelling case for damages
- Actively represent your interests in all negotiations and legal proceedings
We handle wrongful death claims on a contingency fee basis, so you don’t have to worry about paying for legal fees or retainers. Our firm recovers costs and fees for your litigation from the final settlement or award in your claim. That means you pay nothing for our representation if we don’t win.
We Fight for the Best Possible Outcome and Support You Throughout Your Case
At Trantolo & Trantolo, LLC we assign a dedicated team to handle your claim. We limit the number of cases we accept to ensure that each of our clients receives the focus and attention they deserve. Your assigned team is available to address your questions and concerns.
You can also count on our lawyers to fight for the full amount of compensation your family deserves. Our attorneys have been fighting for injury victims and their families for more than 85 years. In that time, we have secured millions of dollars in settlements and verdicts. No matter how challenging your case may seem, our team is ready to put in the work to fight for justice for your loved one.
We Help You Meet Filing Deadlines and Requirements
New York state typically gives you two years to file a wrongful death lawsuit. The time limit can be much shorter in some cases, so prompt attention is crucial. If you miss the filing deadline, you may lose the chance to secure compensation. Don’t wait – contact Trantolo & Trantolo, LLC right away to get started.
Schedule a Free Consultation Today Following the Wrongful Death of a Loved One
We understand that you are dealing with emotional and financial challenges you may have never faced before. Our firm is here to provide expert guidance and support throughout your claim. Contact our office today for a free case review with a Melville, NY wrongful death attorney.