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Losing a loved one is one of life’s hardest challenges. As Hudson Valley wrongful death lawyers, we understand how deeply this loss impacts families. When someone’s negligence or carelessness causes a death, the pain is compounded by questions: why did this happen? Who is responsible? How can we move forward? These are not easy answers to find alone. Families in New York often face financial strain, emotional distress, and uncertainty about their rights.
This is where the guidance of an experienced attorney at Fakhoury Law Firm becomes essential. We are here to help you seek justice and hold those at fault accountable. With compassion and determination, we fight for fair compensation that helps ease the burden after such a tragedy. Read more to learn how we can help you during this difficult time.
What Is a Wrongful Death Claim and How Does It Work in New York?
Under New York law, a wrongful death occurs when a person dies due to the “wrongful act, neglect or default” of another party (N.Y. Est. Powers & Trusts Law § 5-4.1). This means that deaths caused by negligence, carelessness, or intentional harm can lead to a wrongful death claim.
Common Causes of Wrongful Death
Common causes include fatal car accidents, medical malpractice, workplace accidents, defective products, and criminal acts. Let’s discuss them below:
Fatal Car Accidents
Drunk driving, distracted driving, or reckless behavior on the road.
Medical Malpractice
Surgical errors, misdiagnosis, medication mistakes, or failure to provide appropriate care.
Workplace Accidents
Fatal injuries in high-risk industries like construction or manufacturing.
Defective Products
Faulty consumer goods or dangerous pharmaceuticals.
Criminal Acts
Assault, battery, or homicide.
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When a loved one loses their life due to someone else’s negligence or misconduct in Hudson Valley, surviving family members may have the right to pursue a wrongful death claim. This type of legal action provides financial relief for losses related to the death and may include:
Medical Expenses:
Coverage for medical treatment received before the person’s passing.
Funeral and Burial Costs:
Compensation to cover the costs of laying your loved one to rest.
Loss of Benefits and Support:
Compensation for the loss of services, guidance, and care the deceased would have provided.
Loss of Income:
Financial support for the loss of the deceased person’s expected earnings.
Unlike a standard personal injury claim, a wrongful death case is filed by the personal representative of the deceased’s estate on behalf of surviving family members. While no amount of money can bring back your loved one, a wrongful death claim can help ease the financial burden and hold the responsible party accountable.
In New York, only the personal representative of the deceased person, appointed by the Surrogate’s Court, can bring a wrongful death action.
Eligible family members include spouses, children, and parents. Extended family members, such as siblings, cannot file unless they are appointed as the personal representative.
Damages Recoverable Under New York Law
Damages in a wrongful death claim are limited to economic losses and the conscious pain and suffering of the deceased. Survivors cannot recover from their emotional pain or grief. Recoverable damages include:
In New York, damages are distributed based on the order of preference outlined in intestate law, ensuring that those most financially dependent on the deceased receive compensation.
Why Do You Need a Hudson Valley Wrongful Death Lawyer?
Dealing with the loss of a loved one due to someone else’s negligence. That’s why having the right support is crucial, support that understands the law and cares about your well being.
Hiring a skilled Hudson Valley attorney ensures your family’s rights are protected and justice is pursued effectively. Reach out to learn how we can help you today.
At Fakhoury Law Firm, we understand the profound loss families experience when a loved one’s life is taken due to negligence. Our award-winning attorney, Michael A. Fakhoury, has secured over $20 million in settlements and verdicts, including $1.8 million for a wrongful death car accident. These results reflect our commitment to justice and our proven track record of success.
Every personal injury case comes with its unique situations and questions like:
Choosing the right Hudson Valley Burn Injury Lawyer is about more than credentials, it’s about finding someone who understands your pain, knows the local laws, and will fight relentlessly to help you rebuild your life.
Burn injury settlements vary widely, but serious cases can reach hundreds of thousands to millions of dollars, depending on the burn’s severity and extent.
Compensation for chemical burns depends on the burn’s severity and impact on quality of life, often ranging from $25,000 to over $100,000 for more severe cases.
Most injury lawyers work on a contingency fee basis, typically charging 33% to 40% of the settlement amount.
Winning a lawsuit requires proving negligence and demonstrating damages. With strong evidence and legal representation, success is more likely.
At Fakhoury Law, we bring extensive experience and a deep understanding of the local legal environment to each case. Our team is committed to providing tailored legal solutions, addressing your concerns, and ensuring you receive the compensation you deserve.
Losing someone to negligence is heartbreaking. It’s natural to feel lost and unsure about what to do next. At Fakhoury Law Firm, we understand your pain and are here to support you. We believe in fighting for justice and ensuring that those responsible are held accountable. If you’re ready to take the first step towards healing and seeking compensation, we invite you to schedule a free consultation with our personal injury lawyer. We’re committed to guiding you through this difficult time with compassion and dedication. Contact us today to start moving forward.