New York Wrongful Death Lawyers

We Stand Ready To Help You Hold Responsible Parties Accountable

For over three decades, Oresky & Associates, PLLC has been a guiding light for families in the aftermath of a loved one’s wrongful death. Our attorneys offer unwavering support during these challenging times through personalized care, case strategies, and management. The ultimate goal? To secure justice for your family in response to your loved one’s passing and hold those responsible accountable for their actions.

With our compassionate, yet aggressive representation, we aim to alleviate some of your burdens by pursuing the compensation you deserve. Connect with our New York City wrongful death lawyers at (718) 993-9999 and begin your free consultation. 

We Completely Understand Wrongful Death Theory in NYC 

Many wrongful death cases rest on the legal principle of negligence. This means that if another party’s actions caused your loved one’s passing, you can seek compensation through a claim or lawsuit. However, pursuing a successful case is more than filling out some paperwork and awaiting a settlement check; it involves having compelling evidence to demonstrate these four factors: 

• Duty of care: Duty of care is a person’s legal obligation to act with reasonable prudence in a given situation. There is an extensive list of entities and people who owe others a duty of care but some of the most common examples are building owners, contractors, healthcare providers, and motorists.  
• Breach of duty: The responsible party owed a duty of care to the deceased person, and their actions or omissions breached that duty.
• Causation: Because the at-fault party failed to act as a reasonable person in the same situation, their actions resulted in your loved one’s passing. 
• Damages: Finally, you must show that because your loved one passed away, you incurred financial losses, such as funeral costs, loss of services, and other damages. In addition, you may be able to recover compensation for the pain and suffering of the decedent.  
  

Understanding these elements can prove confusing–and that’s completely fine. Oresky & Associates, PLLC has the knowledge and resources needed to bolster your case and guide it to a fair conclusion. 

Are You Eligible to File a Wrongful Death Claim in New York?

In New York, specific individuals are eligible to file a wrongful death claim when a loved one's death results from negligence or intentional harm. Unlike many states, NY requires that the decedent’s personal representative handle these matters. They initiate legal action on behalf of the decedent’s surviving family members. While the personal representative isn’t necessarily a family member, they could be. 

Beneficiaries of a wrongful death case may include the decedent’s: 

• Spouse
• Children
• Parents
• Heirs 

It's essential to note that New York's wrongful death laws can be complex, and eligibility may depend on various factors. Our attorneys understand state law inside and out. When you share your story with our team, we assess who can file a wrongful death claim, and then pursue their legal rights. This includes establishing negligence, gathering case-related evidence, and fighting for your rights at each step. 

Look No Further for Comprehensive Advocacy in Your NYC Wrongful Death Case 

A wrongful death case is a serious matter that demands serious representation–and that’s exactly what Oresky & Associates, PLLC intends to provide. From the very beginning of our partnership, we implement a tailor-made legal strategy that prioritizes your needs, seeking just compensation that accounts for your past, present, and future losses. 

We aim to build the strongest possible wrongful death claim by.

Understanding your case’s legal complexities.

Our lawyers delve deep into the intricacies of wrongful death cases. Evaluating the circumstances surrounding your loved one's death, we gather evidence and construct a compelling case on your behalf.

Offering guidance.

Approaching every case with empathy and understanding, we recognize the emotional burden this situation places on you and your family. We remain in constant communication regarding your case’s progression. 

Gathering compelling evidence.

There’s no such thing as a useless piece of evidence in a wrongful death claim. Trust our personal injury lawyers in NY to handle your case’s investigation, collecting the police report, medical records, and eyewitness testimony needed to secure financial recovery. 

Filing your wrongful death claim.

Once we identify the liable parties, we file your claim, commence suit, and pursue the justice you are entitled to. Oresky & Associates, PLLC will gather insurance coverage information from the parties, back your claim with evidence, and shield you from bad faith insurance practices. 

Initiating a lawsuit.

Most of our wrongful death cases never go to trial. That’s because we rely on our decades of negotiating skills to seek fair outcomes. However, if a trial becomes necessary, that’s not a problem. Our battle–ready lawyers see the courtroom as their home away from home, and we rely on our familiarity with navigating the New York State civil court system to secure financial justice. 

We take the uncertainty and guesswork out of pursuing wrongful death compensation. 

Seek Compassionate Support for Your NYC Wrongful Death Case 

Connecting with our wrongful death team is your first step in recovering the compensation you need. Begin your free consultation at (718) 993-9999.

Free Consultation

Wrongful Death Cases Our NY, NY, Lawyers Handle 

To date, our team of attorneys has recovered more than $500 million in settlements and verdicts for victims of negligence. Some of our practice areas include: 

• Motor vehicle accident claims: Our car accident lawyers in New York City employ their extensive knowledge of New York's motor vehicle laws to navigate the complexities of automobile claims. By demonstrating how the other driver's actions violated traffic laws, we intend to recover your economic and non-economic losses. 
• Medical malpractice: These cases involve showing that because a healthcare provider did not meet their field’s accepted standard of care, the patient suffered avoidable injuries resulting in death. Examples of medical malpractice cases include misdiagnoses, surgical mistakes, and other errors. 
• Workplace accidents (such as crane accidents): If another party’s negligence caused your on-the-job injury resulting in death, our NYC personal injury attorneys can pursue damages from the responsible parties. We can also explain the family’s rights to workers’ compensation. 

What Steps Should You Take Following a Loved One's Death?

When faced with the loss of a loved one due to wrongful death, taking certain steps is essential to protect your rights and initiate the legal process. While the following considerations are optional, even taking just one of these steps could bolster your claim’s outcome or facilitate the process. If possible, we ask that you: 

• Obtain the death certificate: Your loved one’s death certificate is a crucial document that provides official confirmation of the death, including its date, location, and cause. While our team can procure this document, it streamlines matters if you already have it, and is necessary to file for letters of administration with the court.
• Document your case-related losses: Your NY wrongful death lawyer needs evidence to determine what constitutes fair compensation for your claim. Keep all injury-related receipts, bills, and invoices, as well as proof of the decedent’s income to help prove your losses. 
• Record the aftereffects of the fatal accident: Keeping a journal regarding your losses,  after losing a loved one can help with seeking compensation for loss of services, loss of companionship, and other non-economic damages.
• Limit sharing information online about the accident. The claims adjuster can access anything you share on social media or another online forum. A single innocuous statement can have an impact on your case.

You Have a Limited Time to Initiate Your Wrongful Death Lawsuit 

Time is on your side when it comes to celebrating your loved one’s life and processing your grief. However, the same does not apply when it comes to filing your wrongful death lawsuit. The state imposes a strict deadline on these legal matters, limiting how long you have to initiate litigation. 

Per CPLR § 214, in New York, you generally have two years from the date of the person’s death to file your lawsuit. It's crucial to adhere to this time limit, as failing to file your case on time could result in its dismissal. 

While certain circumstances or exceptions may affect the deadline, it's advisable to consult an attorney before assuming anything. Our NYC wrongful death lawyers ensure that your case is filed in compliance with state law, upholding your right to just compensation. We’re ready to make your case our cause, protecting your goals at each phase of the claims process. 

Our New York Wrongful Death Attorneys Hold At Fault Parties Responsible 

Learning that your loved one has passed away is one thing. Learning that the insurance company is unjustly blaming them for what happened is an entirely separate matter. Insurance companies have a vested interest in blaming claimants for their injuries because it limits their liability to pay damages. Oresky & Associates, PLLC doesn’t back down in the face of that argument. 

We combat wrongful allegations of fault through our detailed investigation, and with everything in our legal arsenal, using evidence to illustrate your family’s right to compensation in the aftermath of a loved one’s passing. Trust our legal team to interview witnesses, consult accident reconstruction specialists, and review forensic evidence to combat these complications.