Hach & Rose, LLP Can Help if You Have Lost Someone Due to Negligence
The loss of a loved one is a devastating experience, and it is even more painful when it stems from someone else’s negligence or recklessness. The grief, anger, and confusion you feel can be daunting, especially as you try to figure out how to move forward. Apart from the emotional impact, many families face unexpected financial burdens, including medical expenses, funeral costs, and the loss of income they depended on.
If you’ve lost a loved one due to another party’s actions, a New York City wrongful death lawyer at Hach & Rose, LLP is here to provide the guidance, support, and legal representation you need during this difficult time.
Why Choose Hach & Rose for Your New York City Wrongful Death Case
Dealing with legal matters while grieving the loss of a loved one can feel overwhelming. At Hach & Rose, we aim to make the process as smooth as possible for you, handling every aspect of your case so you can focus on mourning and healing. Here are just a few reasons why so many families in New York City turn to us for help with wrongful death claims:
- Decades of Experience: For nearly 25 years, our attorneys have handled complex and high-stakes wrongful death cases. Our team includes dedicated professionals who understand New York wrongful death laws inside and out.
- Compassionate Representation: We treat every client like family. We take the time to listen to your story, understand your loss, and develop a legal strategy tailored to your specific needs.
- Proven Results: Our track record speaks for itself. We’ve recovered over $1 billion in settlements and verdicts for families who have suffered due to another’s negligence. While no amount of money can replace your loved one, fair compensation can help ease the financial burden and honor their memory.
- No Upfront Costs: We work on a contingency fee basis, meaning you don’t pay us unless we win your case. This allows you to seek justice without worrying about legal fees.
At Hach & Rose, we consider it a privilege to help families seek justice and accountability after losing someone they love. Our compassionate but aggressive legal team is ready to stand by your side in the fight for justice.
What is a Wrongful Death?
A wrongful death occurs when someone else’s negligent, reckless, or intentional actions cause the loss of another person’s life. While no legal action can undo the tragedy, New York law allows certain family members or estate representatives to file a wrongful death lawsuit to seek justice and financial compensation.
Compensation in a wrongful death case often includes damages for funeral expenses, medical bills related to the deceased’s final illness or injury, lost income, loss of companionship, and more.
New York’s wrongful death laws are complex, but you don’t have to navigate them alone. Our experienced wrongful death lawyers can help you understand your rights and guide you through every step of the legal process.
Common Causes of Wrongful Death
Wrongful death can result from a wide range of situations caused by the negligent or wrongful actions of another party. Below are some of the most common causes of wrongful death that our legal team handles:
Medical Malpractice
When we trust medical professionals with our health, we expect them to meet basic standards of care. Unfortunately, mistakes such as misdiagnosis, surgical errors, or medication oversights can cause fatal outcomes. If your loved one’s death was due to medical negligence, you have the right to seek accountability.
Car Accidents
Car accidents are one of the leading causes of wrongful death in New York City. Reckless driving, speeding, distracted driving, and failing to follow traffic laws can lead to fatal crashes. If a negligent driver caused the death of your loved one, our team can help you pursue justice.
Drunk Driving Accidents
Driving under the influence is an act of recklessness that often has devastating consequences. Drunk drivers put everyone on the road at risk, and their actions can lead to preventable tragedies. We are here to hold these individuals legally accountable for their actions.
Nursing Home Abuse or Neglect
When families place their loved ones in a nursing home, they trust the staff will provide care and keep residents safe. Sadly, neglect and abuse occur in some facilities, leading to serious injuries or death. We have the experience to represent families seeking justice for elderly loved ones harmed by nursing home negligence.
Slip and Fall Accidents
Property owners in New York have a duty to ensure their premises are safe for visitors. When they fail to address dangerous conditions like wet floors, broken stairs, or other hazards, fatal accidents can happen. If your loved one lost their life due to unsafe property conditions, we can hold the negligent party responsible.
Your case is unique, and no matter the circumstances of your loved one’s passing, you deserve compassionate legal support. At Hach & Rose, LLP, we have the knowledge, experience, and resources necessary to protect your family’s rights and fight for justice.
Do I Have a Wrongful Death Case?
Wrongful death cases are typically built on the concept of negligence. Negligence occurs when someone’s careless actions or failure to act responsibly leads to harm or injury. To have a successful wrongful death claim, your attorney must establish specific legal elements to prove negligence.
Here are the four key elements of negligence that must be proven in a wrongful death lawsuit:
- Duty of Care: First, you must show that the responsible party owed your loved one a “duty of care.” This means they had a legal obligation to act with reasonable care and avoid putting others in harm’s way. For example, drivers have a duty to follow traffic laws, and property owners have a duty to maintain safe premises.
- Breach of Duty: Next, you need to prove that the responsible party breached their duty of care. A breach could occur through action (e.g., driving drunk, performing surgery while distracted) or inaction (e.g., failing to repair a known hazard on a property).
- Causation: Causation is one of the most important elements to prove in a wrongful death case. It must be shown that the breach of duty directly caused your loved one’s death. For example, in a car accident case, you would need to show that the other driver’s reckless actions were the direct cause of the fatal crash.
- Damages: Finally, you must demonstrate the damages caused by the wrongful death. Damages can include medical expenses, funeral costs, lost income, loss of companionship, and emotional suffering. These are all critical components of your case, as they determine the compensation you may be entitled to receive.
Proving negligence requires a thorough investigation and skilled legal representation. That’s why it’s crucial to work with an experienced attorney who knows how to gather evidence, consult with experts, and build a compelling case on your behalf.
Who Can File a Wrongful Death Case in NYC?
If you’ve lost a loved one in a preventable accident, you may be wondering who can take legal action on behalf of the deceased in New York. Under New York law, only the personal representative of the deceased person’s estate is legally allowed to file a wrongful death claim.
A personal representative, often named in the deceased’s will or appointed by the court, is responsible for acting on behalf of the estate. While they are the only person who can file the lawsuit, the damages recovered are typically distributed to the deceased’s surviving family members or beneficiaries.
While this process might seem complicated, our attorneys at Hach & Rose, LLP are here to guide you through it. If you’re unsure whether you qualify to file a wrongful death case, we can help clarify your legal rights and options.
What Damages Are Available in a New York City Wrongful Death Case?
Losing a loved one often brings a range of unexpected expenses and financial losses, adding stress to an already painful time. A wrongful death case seeks to provide financial compensation for these losses and ease some of the burdens placed on the surviving family members.
Damages that may be available in a New York City wrongful death case include:
- Funeral and Burial Costs: Compensation may cover reasonable expenses for the funeral and burial of the deceased.
- Medical Expenses: If your loved one incurred medical bills related to their final injury or illness, those costs can be recovered.
- Loss of Income and Financial Support: If the deceased contributed to the household income, you can seek compensation for the lost wages and future earnings your family depended on.
- Loss of Services: This includes the value of household services the deceased would have provided, such as childcare, cooking, or maintenance.
- Loss of Parental Guidance and Support: For children, losing a parent can mean losing their emotional and developmental guidance. Compensation may be awarded to reflect this invaluable loss.
While no amount of money can heal the emotional pain caused by the loss of a loved one, these damages can help ease the financial hardships and bring some form of relief during a difficult time.
Do I Have a Wrongful Death Case?
Wrongful death cases are typically built on the concept of negligence. Negligence occurs when someone’s careless actions or failure to act responsibly leads to harm or injury. To have a successful wrongful death claim, your attorney must establish specific legal elements to prove negligence.
Here are the four key elements of negligence that must be proven in a wrongful death lawsuit:
- Duty of Care: First, you must show that the responsible party owed your loved one a “duty of care.” This means they had a legal obligation to act with reasonable care and avoid putting others in harm’s way. For example, drivers have a duty to follow traffic laws, and property owners have a duty to maintain safe premises.
- Breach of Duty: Next, you need to prove that the responsible party breached their duty of care. A breach could occur through action (e.g., driving drunk, performing surgery while distracted) or inaction (e.g., failing to repair a known hazard on a property).
- Causation: Causation is one of the most important elements to prove in a wrongful death case. It must be shown that the breach of duty directly caused your loved one’s death. For example, in a car accident case, you would need to show that the other driver’s reckless actions were the direct cause of the fatal crash.
- Damages: Finally, you must demonstrate the damages caused by the wrongful death. Damages can include medical expenses, funeral costs, lost income, loss of companionship, and emotional suffering. These are all critical components of your case, as they determine the compensation you may be entitled to receive.
Proving negligence requires a thorough investigation and skilled legal representation. That’s why it’s crucial to work with an experienced attorney who knows how to gather evidence, consult with experts, and build a compelling case on your behalf.
Who Can Recover Compensation in a Wrongful Death Case?
While only the personal representative can file a wrongful death lawsuit, the compensation recovered from the case is typically distributed to certain family members. Under New York law, those who may be eligible to recover compensation include:
- Spouse of the deceased
- Children of the deceased, both minor and adult
- Parents, if the deceased had no spouse or children
- Other dependents who were financially reliant on the deceased
The court determines how damages are distributed based on New York’s estate laws, ensuring they go to the rightful beneficiaries.
What is the Statute of Limitations for Filing a Wrongful Death Claim in New York City?
New York imposes a two-year statute of limitations for filing a wrongful death lawsuit. This means you must initiate your claim within two years from the date of your loved one’s death. If you miss this deadline, the court will likely dismiss your case, regardless of its merit.
Acting quickly is crucial in wrongful death cases, not only because of legal deadlines but also to ensure evidence is preserved and witnesses’ memories remain fresh. Losing time can harm your ability to build a strong case.
How Can an NYC Wrongful Death Attorney Help with My Case?
Pursuing a wrongful death case while coping with the loss of a loved one is emotionally and logistically challenging. That’s where an experienced attorney can make all the difference. At Hach & Rose, our compassionate and skilled attorneys are here to support you every step of the way. Here’s how we can help with your case:
- Thorough Investigation: We will conduct a detailed investigation into the circumstances of your loved one’s death, collect evidence, and determine who is liable.
- Building a Strong Case: Using the evidence, our attorneys will develop a compelling argument to prove negligence and demonstrate the damages you’ve sustained.
- Handling Legal Complexities: From navigating New York’s wrongful death laws to filing necessary paperwork, we take care of the legal legwork on your behalf.
- Negotiating with Insurers: Insurance companies often try to minimize payouts in wrongful death cases. We will negotiate aggressively to secure maximum compensation for your family.
- Providing Compassionate Support: We understand the deep pain that accompanies a wrongful death case. Our team will treat you with care, empathy, and respect throughout the process.
No family should have to face this difficult time alone. At Hach & Rose, we are committed to making the legal process as seamless as possible while fighting tirelessly for justice on your behalf.
Contact the Trusted New York City Wrongful Death Lawyers at Hach & Rose Today
Our team of compassionate lawyers at Hach & Rose is here to serve as your advocate, your guide, and your support system during this challenging time. We understand the pain and uncertainty that comes with losing someone you love, especially when it could have been prevented. That’s why our mission is to hold the responsible parties accountable and help your family recover the compensation and justice you deserve.
If you’ve lost a loved one due to someone else’s negligence, contact our New York City wrongful death lawyers for a free and confidential consultation. Contact us today at (212) 779-0057 or through our online form, or start a live chat with our team today. We will handle your case with the care, respect, and dedication it deserves. You don’t have to go through this alone. Let us fight for you.
Frequently Asked Questions
At Hach & Rose, LLP, we have litigated countless wrongful death claims and are ready to fight for you and your family. Under New York state law, only certain people can file a wrongful death claim. Also, the court will only allow the recovery of certain types of damages. Our wrongful death attorney in New York City have written down some of the most common questions and answers to what you may be wondering:
When a person or entity (such as an automobile manufacturer) causes the death of another person, the survivors may bring a wrongful death lawsuit. However, before you can recover damages, you must prove: 1) that you are a statutory beneficiary of the deceased; 2) that the person’s or entity’s actions caused your loved one’s death; 3) that monetary damages were the result of your loved one’s death.
Only the “personal representative” of the deceased person’s estate in New York can file a wrongful death claim. Unless a family member is also a personal representative of the deceased’s estate, they cannot bring a wrongful death claim to court in New York.
However, a wrongful death claim may seek damages for the deceased person’s family members or beneficiaries. If the wrongful death suit wins and damages are awarded, the court will grant the award to the personal representative in trust for the surviving family members to whom the award belongs.
The time limit to file a wrongful death claim is two years. This means you have two years to file a wrongful death claim, starting from the date of the death. The court will refuse to hear your case if you do not file your wrongful death claim within the allotted time. Time is of the essence in wrongful death cases. Immediately seek the legal advice of a local wrongful death attorney if you are attempting to file a wrongful death claim.
We have the knowledge and experience to help you navigate this tough time from beginning to end. A wrongful death lawyer in New York City is committed to guiding families through the legal process and securing financial compensation for their loss. Our wrongful death attorneys in New York City will aggressively seek full compensation for your case. At Hach & Rose, LLP, we ensure our clients know every detail of their wrongful death cases. Moreover, our compassionate attorneys will not ask for payment until we win recover your damages, such as loss of future earning capacity. The price of quality representation should not prevent you from seeking justice. Our firm is devoted to removing any obstacles that may stand in the way of your case. Speak with one of our legal professionals today.
Contact Us
If you or someone you know has lost a loved one due to the reckless or negligent actions of someone else, we are prepared to be of assistance. Contact the compassionate and experienced New York personal injury attorneys of Hach & Rose, LLP by calling (212) 779-0057 today to discuss your situation with a legal advisor and learn more about your legal rights and options. We can get you the compensation you need with our years of experience handling wrongful death cases."*" indicates required fields