Wrongful Death

When someone loses their life due to the negligence of another person, this is the definition of wrongful death. The death may be caused by the actions of an individual or by that person’s failure to act. These types of accidents leave children without a parent, husbands or wives without their spouse, and cause severe and long-term grief and devastation to entire families and communities.

The Law Office of Mark A. Siesel recognizes the tremendous impact of the death of a loved one. We will immediately investigate the causes of the accident, obtain statements from all witnesses, gather the necessary evidence, and retain the necessary accident reconstruction and financial experts to expeditiously and professionally handle your case, and to minimize any additional burden on you during this difficult time. If you have lost a loved one in Westchester County, New York, the Upper Hudson Valley, or any nearby area, contact The Law Office of Mark A. Siesel for a free consultation.

What Causes Wrongful Death Claims?

Our firm represents clients whose family members have lost their lives due to:

• Automobile accidents;
• Truck accidents;
• Medical malpractice;
• Construction and work-related accidents;
• Pedestrian accidents;
• Medical malpractice;
• Premises liability; and
• Motorcycle crashes.

It is vital that you contact a lawyer as soon as reasonably possible, as the statute of limitation in wrongful death cases, meaning the time with which you have to sue the culpable parties, is shorter than in personal injury cases. The time constraints are even more critical in cases involving municipalities, such as cities, towns or villages, in which a notice of claim must be filed within 90 days of the date of the accident.

Recovering Compensation in a Wrongful Death Claim

Wrongful death is a civil action rather than a criminal action. A member of the deceased’s family or a representative of the estate must file suit to collect damages for the deceased family member. The intent of the wrongful death law is to compensate family members who have suffered both monetarily and emotionally as a result of the death. Loss of companionship, lost wages and benefits, loss of parental guidance and emotional pain and suffering caused by the trauma are all elements of potential damages.

Equally important but less obvious is the loss of future earnings and benefits. These damages can be particularly significant if the deceased was the primary wage earner in the family. Because these damages are difficult to calculate, we will hire the necessary financial expert and economist to maximize compensation for your family, The economist performs careful calculations to anticipate the lifespan and earnings of your family member had he or she survived.

Loss of companionship is very difficult to calculate, and although it does not lend itself to empirical measurements, we will seek to recover this element of damage for your family’s emotional pain and suffering.

A final area of damages is called punitive damages. This would be the amount awarded to punish the person who caused the death, rather than to specifically compensate for any loss. Only when the actions of the defendant are intentional or grossly negligent are punitive damages awarded.

What a Wrongful Death Lawyer Can Do

During this difficult time, a wrongful death lawyer can navigate the legal process with you while protecting your family’s rights. Here’s what an experienced attorney can do:

1. Investigate the circumstances of the death. A wrongful death lawyer will conduct a thorough investigation to determine the cause of your loved one’s death, working with experts, gathering evidence, and analyzing any available documentation to uncover the full details of the situation.
2. Identify liable parties. In wrongful death cases, multiple parties could be responsible, such as drivers, manufacturers, or even employers. Your attorney will identify all potential liable parties so you can pursue financial recovery.
3. Calculate the full extent of damages. A lawyer will work closely with financial experts to determine the full range of economic and non-economic damages you may be entitled to, including funeral expenses, medical bills, lost wages, and pain and suffering.
4. Explain your legal options. If you have lost a loved one in a workplace accident, you may be entitled to workers’ compensation benefits. If the fatality occurred due to a car accident, you may be entitled to file a claim with your car insurance. In cases where your loved one died due to negligence, you may also have the right to file a legal claim, which helps you recover more than you can secure through a workers’ compensation claim or insurance claim. Your attorney can explain what options you have and what steps you need to take next.
5. File a claim. Your attorney will file the necessary paperwork to initiate a wrongful death claim. This includes ensuring that all required deadlines are met, as well as presenting the strongest case possible on your behalf.
6. Negotiate with insurance companies. Insurance companies often try to minimize payouts to save money and keep shareholders happy. A wrongful death lawyer will handle negotiations with insurers, ensuring they don’t take advantage of your grief and negotiating so you get fair compensation for your loss.
7. Represent you in court. If the responsible parties refuse to offer a fair settlement, your attorney will be prepared to take your case to trial. A lawyer with courtroom experience will effectively present your case to a judge or jury.

When you are grieving, it can be difficult to focus on a legal claim, and insurance companies and defendants can take advantage of this, offering you less than the compensation you deserve. The goal of your attorney is to make sure this doesn’t happen. Your lawyer protects your rights to financial recovery and ensures you don’t have to take care of the many details of filing a claim. While pursuing fair compensation for you, your attorney also ensures you don’t have to worry about filing deadlines, evidence gathering, and the other details that could be panful for you during this time.

The reality is that when you need to file a claim after the death of a loved one, there are few people by your side. The insurance company works for their shareholders’ interests, not yours. They have a financial motive to pay less than you may be entitled to. Defendants in your claim, as well as their attorneys, also have a financial motive to pay less and to minimize their liability. Your attorney, however, is required to act in your best interests. In fact, New York Lawyer’s Code of Professional Responsibility outlines what they define as “the basic tenets of the profession” of lawyers as “independence, integrity, competence and devotion to the interests of individual clients.” In other words, your attorney will not have conflicting interests (by representing your insurance company and you at the same time, for example) and will act for your best good with honesty.

If you need an attorney who takes these tenets seriously, contact The Law Office of Mark A. Siesel. The Law Office of Mark A. Siesel treats all of our clients like family. You will always receive personal attention to your case, and we are dedicated to making certain that the negligent parties and their insurance companies are held accountable for the devastation that they have caused your family.

At our law firm, we also understand that filing a wrongful death claim comes at an extremely difficult time, and we work to make the process as easy on you as possible. We treat you with kindness and are highly responsive—when you call or email, we reply to your queries promptly.

After the death of a loved one, you may be facing financial pressure. There may be many final bills to pay and the spouse or loved one who has passed many have been an income contributor in your household. We not only fight aggressively to secure fair compensation for you, but we also offer a free initial consultation and are willing to work on a contingency fee basis, so you pay no fees unless we secure money for your claim. This can alleviate the financial challenge you may be facing and allows you to pursue a legitimate claim.

If you have any questions or would like additional information about what our firm offers you, please contact our New York wrongful death firm online, or at (914) 428-7386.