Wrongful Death Lawyer

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Wrongful Death Lawyer in New York

When faced with the death of a loved one, the grief can be devastating. But it can be especially troubling when that death was caused by the negligence or intentional act of another. The unfortunate loss of a family member can send a family into emotional and financial turmoil. 

When you have suffered the untimely death of a family member due to someone else’s negligence or criminal action, it is critical to get the guidance of a skilled NY wrongful death lawyer to advise you of your legal rights and options. At Kucher Law, we have dedicated our careers to fighting for the rights of injured parties and their families. Call us today at (929) 274-8000 to schedule a free consultation.

"No Win, No Fee. Unless We Win Your Case, You Don't Pay a Penny."

Legal Recourse For Surviving Family Members

The death of a loved one is difficult enough, but adding significant financial burdens on top can make it overwhelming. 

Fortunately, the law provides for certain surviving family members to seek wrongful death benefits from the person responsible for their loved one’s death. These can cancel out the remaining expenses from your loved one’s injuries and final days, the costs of funeral and burial arrangements, and make up for other financial losses caused by the untimely death of your family member. While no amount of money can make up for the death of a family member, wrongful death benefits could ease the financial and emotional burdens of that loss. 

If a loved one has passed away due to an accident caused by negligence or due to medical malpractice, our highly experienced attorneys at Kucher Law can help you pursue a wrongful death lawsuit. You are not alone. Call us at (929) 274-8000.

Extremely professional. Was responsive to questions during representation of my relative in her case for home health aide negligence. Tremendous job in getting a high settlement!
Steven Saperstein
Client

What is Wrongful Death?

A wrongful death claim seeks a monetary award for damages from the at-fault party to compensate family members for their losses resulting from the death of their loved one. 

When someone is killed in an accident or other tragedy due to another’s negligence, family members are left with the responsibility of carrying on, both emotionally and financially. This often means great hardship for the surviving family members. The goal of a wrongful death lawsuit is to compensate these surviving family members for losses they will endure because of their loved one’s death. At Kucher Law, our attorneys in Manhattan, Brooklyn, and the Bronx have recovered more than 25 million dollars for the benefit of our clients. Let us help you get the compensation you need. Call us today at (929) 274-8000.

Common Accidents That Can Lead to a Wrongful Death Claim

While wrongful death claims can be brought anytime someone has died from the negligence or intentional action of another, the most common causes for wrongful death claims are:

If you need to pursue a wrongful death lawsuit for the death of a loved one due to an accident, medical malpractice, negligence, or of an individual, company or a municipal entity, you will need a skilled lawyer. At Kucher Law, our NY personal injury lawyers can help you recover the maximum amount of compensation. Call us at (929) 274-8000 to schedule a personal appointment, free of charge.

How Wrongful Death Differs From Criminal Prosecution

In general, there are two types of lawsuits in the United States. One is criminal, and the other is civil. Although a criminal action may have caused the death of your loved one, a wrongful death claim does not hold that party criminally accountable. That is up to criminal prosecutors and the court system.

Instead, a wrongful death lawsuit is a civil lawsuit. Unlike a criminal suit that seeks punishment for someone who has broken the law, a civil lawsuit seeks compensation for a victim from the individual who caused their injuries and damages. 

Prosecutors initiate criminal lawsuits to punish offenders and hold them criminally accountable for their offenses. Punishment can include fines, jail time, and other remedies. Civil lawsuits are initiated by individuals who are harmed because of another’s negligence. They typically result in compensation to the victim from the at-fault party for the harm done. 

Wrongful death is not a crime but an act of negligence. As a civil action, a wrongful death claim has nothing to do with the criminal prosecution of the at-fault party. The wrongful death claim may result in monetary compensation but not jail time or other criminal punishment. 

Consequently, a criminal case and a civil case have very different burdens of proof and different levels of intent. Whereas a civil lawsuit serves to punish negligence, criminal intent is usually the basis for punishment in a criminal case. But these can often overlap. 

In some cases, a criminal act may have led to the wrongful death claim. In this case, there will be a separate criminal prosecution of the at-fault party. A wrongful death claim may even ignite a criminal investigation and prosecution. It is possible that both a wrongful death case and a criminal case happen at the same time. But just because the at-fault party is not being held criminally responsible for the death of a loved one, it does not have any bearing on an individual’s right to pursue a wrongful death lawsuit. At Kucher Law, our NY wrongful death attorneys offer free consultations and we work on a contingency fee, meaning we do not get paid until we recover financial compensation for you and your loved ones. Call us anytime at (929) 274-8000.

Great personal injury attorneys! Very knowledgeable, experienced and professional with clients. Honest and clear communication every step of the way. They achieve great results!
Julia Star
Client

What Constitutes a Wrongful Death?

The term wrongful death can refer to any death that has resulted from a negligent, illegal, or intentional act by another party. These can include a wide variety of things such as accidents, malpractice, assaults, or other reckless actions that have had fatal consequences. 

In the case of a wrongful death, the deceased party no longer has the ability to hold the at-fault party liable for their damages. Consequently, a wrongful death claim acts as a type of personal injury claim on behalf of the deceased loved one. A wrongful death claim can also seek compensation for the family that will be impacted by the untimely death of their loved one. 

Because of the complexity of wrongful death claims, it is critical to get the assistance of an experienced New York wrongful death attorney. At Kucher Law, we can help. Call us at (929) 274-8000. We are open 24/7.

How Does a Wrongful Death Lawsuit Work?

Like a personal injury claim, a wrongful death claim is based on one party’s negligent or reckless or careless actions that causes harm to another. But if that negligent behavior resulted in a fatality, the harmed individual is no longer alive to bring action against the at-fault party. In this case, the surviving family members then have the right to seek compensation on their loved one’s behalf in a wrongful death claim. 

Many wrongful death lawsuits are settled through a series of negotiations toward a fair and suitable settlement. But if this is impossible, a claim may have to go to court. The judge will hear the case and a jury will make an award decision to compensate the surviving family members for their pecuniary losses. At Kucher Law, we can provide you with an experienced attorney who can help you get the best results out of your case. For a free consultation, call us today at (929) 274-8000.

Kucher Law Group is the best group of lawyers. Their law office staff is extremely helpful from starting my case to settling it. If you want to pick the best then hire this law firm. And if you definitely have to win your claim then this law office is the only choice. These are the guys that will get you there. I very strongly recommend them to anyone.
Mable Vella
Client

What Are Pecuniary Losses?

In New York, the wrongful death statute Estates Powers and Trust Law § 5-4.3 allows surviving family members to collect for pecuniary injuries after the death of a loved one. 

Pecuniary losses, or financial losses suffered by surviving family members, include economic damages similar to personal injury damages. These will include the deceased party’s accrued medical expenses, lost income, and property damages as well as other costs shouldered by the family such as funeral and burial expenses. 

It can also include other damages such as the loss of support they would have enjoyed had the deceased loved one survived such as financial support, parental services, care, and guidance. The family may also bring a claim for any pain and suffering their loved one endured before he or she died. 

In most cases, non-financial losses can be more significant to the family than the actual financial losses experienced. Because each wrongful death case is unique, an experienced New York wrongful death attorney will be able to establish and support pecuniary injuries as they apply to the specific circumstances. At Kucher Law, we work diligently to ensure that surviving family members get every benefit they are entitled to in a wrongful death lawsuit. Call us any time of the day at (929) 274-8000.

Wrongful Death FAQ's

Who has the legal right to bring a wrongful death claim will vary from state to state. In New York, wrongful death is governed by state laws that restrict who can bring a wrongful death claim and which family members may be entitled to wrongful death compensation.

In the state of New York, a wrongful death claim must be initiated by the deceased party’s estate. Although only a representative of the estate can file a claim, the benefits will still go to the surviving family members in accordance with their damages. If no will exists or no personal representative was designated, the probate court will appoint one. 

Compensation may be awarded to immediate family members with the priority going to the deceased party’s spouse and children. If there is no spouse or children, parents are eligible to receive the whole award. If there is no spouse, children, or parents, siblings are next in line. If the deceased had a will, the will will control how the proceeds of the estate will be distributed, including any compensation from a wrongful death lawsuit. If you are unsure about your rights to a wrongful death claim in New York, you should get the guidance of an experienced wrongful death attorney so you can understand your legal options. For a free consultation with a highly experienced lawyer, call Kucher Law at (929) 274-8000.

The goal of wrongful death claims is to compensate close family members for the financial and emotional losses suffered due to the loved one’s avoidable death. While money will never make up for the loss of a loved one, a wrongful death award serves to ease the financial burden of the loss. This is especially true when family members relied on the financial or emotional support of that family member.

Damages from a wrongful death claim can fall into two categories. One is the recovery of compensation for those damages and expenses suffered by the deceased. The other is compensation for the losses suffered by a family member because of the death of the loved one. 

The first type of compensation would be similar to the compensation that the deceased loved one would be entitled to in a personal injury claim if they had survived. The second type of compensation specifically relates to any losses that family members have experienced because of the death of their loved one. 

Damages can include:

  • Any medical expenses, hospital bills, doctor bills, emergency services, special medical equipment, lab fees, imaging services, and other medical costs associated with the injury or incident that led to the death of the loved one
  • Lost wages that the deceased party was currently earning and would have continued to earn into the future
  • Any costs associated with the funeral, cremation, or burial of the deceased loved one
  • Loss of parental guidance, child care, or nurturing
  • Loss of inheritance that may have been available had the deceased party reached full life expectancy

If you intend to pursue compensation for damages you may have suffered, you need the guidance of a skilled lawyer. Contact the Kucher Law Group for a free consultation at (929) 274-8000.

In personal injury law, pain and suffering refers to the physical and emotional pain and suffering that a victim suffers as the result of an injury.

While families of a deceased loved one will undoubtedly suffer their own deep emotional pain, this is not compensable in a wrongful death claim. But in New York, family members can recover damages for the pain and suffering that their loved one suffered prior to their death. 

Not only does pain and suffering consider pain from physical injuries but also the mental and emotional pain they may have endured. Mental and emotional pain often extends well beyond the time that the physical pain has healed and can include such conditions as anxiety, depression, and PTSD. 

Although it is difficult to quantify the pain and suffering that another person has experienced in an accident, with the skilled assistance of a New York wrongful death attorney, there are ways to calculate and claim pain and suffering in a wrongful death claim. To consult with an experienced lawyer, call Kucher Law at (929) 274-8000.

Proving a wrongful death claim can be complicated. Similar to a personal injury claim, there must be an element of being “wronged” in a negligent, careless or reckless act. Proving negligence requires proof that:

  • The at-fault party owed a duty of care to the victim to act in a safe and responsible way 
  • That duty of care was breached in a careless, reckless, or wanton way 
  • This breach resulted in the injury and subsequent death of the deceased
  • Others suffered damages because of the death

If these elements can be proven, the deceased party’s estate may be entitled to recover compensation for those damages. 

Because there must be proof of each element of negligence, an experienced New York wrongful death attorney must investigate all the circumstances surrounding the victim’s death and gather sufficient evidence proving that negligence existed. Depending on the claim, this often requires medical records, witness testimony, expert accident and financial testimony, police reports, and other critical evidence. At Kucher Law, you can speak to one of our experienced attorneys for a free case evaluation. Call us now at (929) 274-8000.

Not all accidents or incidents are black and white. In some cases, a victim may share some portion of fault in the incident that led to their death.

New York has what is known as comparative fault laws. These say that the victim of an accident may still recover compensation for damages, but it will be adjusted based on their proportion of fault. For example, if it is determined that the deceased party was 25 percent at fault for the accident that resulted in their death, the wrongful death benefits will be adjusted down by 25 percent to reflect that. 

Determining fault can be highly subjective. This is when having a skilled wrongful death attorney in your corner can be critical. The Kucher Law Group has a team of experienced attorneys to help you with your case. You can call us anytime at (929) 274-8000.

There are typically both economic and non-economic damages in a wrongful death claim. Economic damages compensate family members for quantifiable monetary losses due to the death of their loved one. But non-economic damages, such as pain and suffering and the loss of parental guidance, are more difficult to quantify monetarily. 

While there are standard calculations that are often used when determining some of these non-economic damages in a wrongful death award, some will be based on many unique factors, including:

  • The age and overall health of the victim at the time of death
  • Potential life expectancy based on that age and health
  • Wages that the victim was making at the time of death
  • The future earning capacity that they could have expected to make into the future
  • Whether there were any dependants
  • The age of those dependants
  • Any other death benefits available to the family
  • The outstanding expenses that were now the responsibility of the family

All damages must be fully supported in a wrongful death claim. Consequently, it is often necessary to get the assistance of skilled financial professionals to help determine what compensation would be fair and adequate depending on all the variables. You will also need an experienced attorney to provide legal insight, conduct the investigation, and put all the pieces of your case together. Kucher Law has a team of highly rated lawyers that can help you. Call today at (929) 274-8000.

The circumstances surrounding the accident or incident that claimed the life of the deceased will determine who pays compensation to the surviving family members. 

In many cases, there is some form of liability insurance that will cover the award or settlement in a wrongful death claim. In other cases when there is no liability insurance, the at-fault party will be held personally liable for that award. When there is not enough liability insurance to fully cover the award, both insurance and at-fault parties will be responsible for the compensation. 

Insurance companies often push back on injury and wrongful death claims to mitigate their exposure. The responsible party may have inadequate assets to cover the award. It is critical to get the assistance of an experienced wrongful death lawyer in New York to ensure that all responsible parties are considered in a wrongful death claim. At Kuchew Law, we can help you get the compensation you deserve. Call us any time of the day to schedule a free consultation at (929) 274-8000.

Does a Wrongful Death Claim Always Result in a Court Case?

Like other injury claims, most wrongful death claims are settled before they get to a court of law. Both sides will consider all the evidence at hand to negotiate a fair settlement for the surviving family members. 

But there are times when a fair settlement may not be possible. This is when the claim must be litigated in court. This is when it is essential to have substantial evidence to support every facet of the claim to ensure that compensation is comprehensive, fair, and adequate. 

When bringing forth a wrongful death claim, your wrongful death lawyer should be prepared with significant supporting evidence to be able to prove your wrongful death case at time of trial. At Kucher Law, we always prepare as if we will be taking the matter to a jury trial to ensure that our clients get the maximum compensation possible.

How an Experienced NYC Wrongful Death Attorney Helps

No one should pursue a wrongful death claim without the skilled assistance of an experienced New York wrongful death attorney. When you have lost a loved one due to someone else’s negligence, you need someone fighting diligently on your behalf, ensuring that you are fairly compensated for your losses and that your legal rights are being represented each step of the way. 

At Kucher Law, our experienced New York City wrongful death attorneys put our years of experience in your corner, ensuring that no stone is left unturned in your wrongful death case. We do this by:

Wrongful death lawsuits can be complicated. Don’t leave yours to chance. Contact the talented NYC wrongful death attorneys at Kucher Law via email at contact@rrklawgroup.com or via phone at (929) 274-8000 to schedule a free consultation.

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