The loss of a loved one in a fatal accident in Valley Stream, New York, can leave you and your family with many questions about your legal rights and future. You may have the right to hold someone accountable and financially responsible for the preventable death. Contact the local wrongful death attorneys at Abaev Law Firm, PLLC today to discuss whether your family has a case during a free, no-obligation consultation.
Why Choose Our Valley Stream Wrongful Death Lawyer?
- Our Valley Stream injury attorneys have years of experience representing individuals and families in wrongful death claims in Valley Stream and throughout New York.
- We have successfully recovered millions of dollars in settlements for our clients. We can stand up to big corporations and insurance companies to go after the compensation you deserve.
- You won’t pay your wrongful death attorney anything unless your case results in financial compensation. We represent clients on a contingency fee basis.
How Can a Wrongful Death Attorney in Valley Stream Help?
Your family does not have to navigate the complicated process of a wrongful death claim alone while also grieving a deceased loved one. An experienced attorney in Valley Stream can help you understand New York’s wrongful death laws, investigate the death, identify liable parties, calculate the value of your claim, negotiate with insurance companies and represent your family in court, if needed, to achieve justice.
What Is a Wrongful Death Claim?
“Wrongful death,” according to New York law, is a fatal injury or illness that is caused by the wrongful act, neglect or default of another person or party. Examples include a death in a preventable car accident, slip and fall, physical assault, workplace accident, or medical malpractice.
Acts that give rise to criminal cases – such as vehicular manslaughter, physical assault, gun crimes and homicide – can also lead to wrongful death claims in New York. However, the burden of proof is lower in a civil claim compared to a criminal case.
It is not necessary to prove that the defendant intended to harm or kill the victim, or that the defendant is responsible for the death “beyond a reasonable doubt”; it is enough to show that the defendant acted with less than the correct standard of care, and that this more likely than not resulted in the victim’s death.
Who Can File a New York Wrongful Death Claim?
In New York, only the personal representative of the deceased person’s estate can file a wrongful death claim. This individual may be named by the decedent’s will or appointed by the probate courts.
The representative files on behalf of one or more surviving relatives, including a spouse, children, parents, siblings, grandparents and grandchildren. How much each beneficiary receives will depend on what the family agrees upon or – if they cannot agree, how much the courts deem suitable based on each party’s relationship with the decedent.
Do You Have a Wrongful Death Case? Contact Us to Find Out
At Abaev Law Firm, PLLC, we realize that filing a wrongful death claim will not make everything right after suffering the tragic loss of someone in your family. However, we hope that by seeking civil justice and fair financial compensation, you can get some closure and enjoy greater peace of mind during this difficult time.
We are The Firm of the People. Find out how we can help you and your family after an unexpected event or accident took your loved one’s life in New York. Contact us online 24/7 or call our local law office directly at (212) 763-7738 to discuss a potential case. Initial case reviews are always free.