Manhattan Wrongful Death Lawyer

Helping You Recover From the Loss of Your Loved One in Manhattan, Queens & Brooklyn

Losing a loved one is one of the most difficult experiences anyone can face. When that loss is caused by someone else’s negligence or intentional actions, the pain is compounded. In these challenging times, you deserve not only compassion but also the legal representation from a wrongful death lawyer in New York that will fight for your right to justice and fair compensation. 

The death of a loved one feels grievous and untimely no matter when it occurs. However, if the life of a dear family member was unduly cut short on account of someone else's negligence, there is no crueler event. If this situation has occurred where your beloved family member was injured from an accident and did not survive, you deserve the right to gain full compensation for your tragic loss, compensation which is the very least for the suffering you and your family have experienced.

Whether the fatality resulted from a car accident, medical malpractice, a workplace accident, or any other form of negligence, our wrongful death attorney in New York is committed to providing you with the support you need during this difficult time. Our team of skilled Manhattan wrongful death attorneys is dedicated to obtaining the maximum compensation possible to ease the financial burdens that accompany such a tragedy.

Contact our Manhattan wrongful death attorney by calling (917) 909-6166 today!

What Is Wrongful Death?

A wrongful death occurs when someone’s death is caused by the negligent or wrongful act of another person or entity. In New York, wrongful death claims allow surviving family members to seek compensation for their loss. This can include damages for funeral expenses, lost income, pain and suffering, and emotional distress.

Wrongful death can occur in various circumstances, including:

• Motor Vehicle Accidents: Collisions involving cars, trucks, motorcycles, or pedestrians.
• Medical Malpractice: Errors made by healthcare professionals during diagnosis, treatment, or surgery.
• Workplace Accidents: Fatalities due to unsafe working conditions, equipment malfunctions, or negligence in safety protocols.
• Product Liability: Death caused by defective or dangerous products.
• Premises Liability: Fatal accidents that happen on someone’s property due to unsafe conditions.
• Criminal Acts: Deaths caused by intentional acts, such as assault or homicide.

Why Choose the Law Office of Julio E. Portilla, P.C.?

When dealing with the aftermath of a wrongful death, it’s crucial to have experienced legal representation. At the Law Office of Julio E. Portilla, P.C., we have:

• Extensive Experience: Our team has years of experience handling wrongful death cases and securing favorable outcomes for our clients.
• Personalized Attention: We take the time to understand your unique circumstances and provide tailored legal solutions that meet your needs.
• Proven Results: We have a track record of successfully obtaining compensation for families who have suffered from the wrongful death of a loved one.
• No Upfront Fees: We work on a contingency fee basis, meaning you pay nothing unless we win your case.

Common Causes of Wrongful Death in New York

In a bustling metropolis like New York City, there are numerous causes of wrongful death that impact local families. One of the most common is vehicular accidents, including those involving cars, bicycles, and pedestrians, exacerbated by dense traffic and busy intersections. Weather conditions, especially in winter, can also contribute to hazardous driving environments.

Additionally, incidents of medical malpractice, such as misdiagnoses or surgical errors, occur in the numerous hospitals and clinics across the city. Workplace accidents, particularly in industries like construction, add to the risk of wrongful death in New York. Understanding these common causes can help families recognize situations where they may have grounds to seek legal recourse through a wrongful death claim.

Eligibility for Pursuing a Wrongful Death Case

Before you begin your claim, it is important to establish that your case is definitely eligible to be a wrongful death case. One helpful aspect to consider is that if the victim had survived and could have made a personal injury claim based on the perpetrator’s ignorance or negligence, then bringing a claim for wrongful death is certainly appropriate as well.

The family members who can then make this claim include the parents and children of the deceased, as well as the spouse of the deceased. In certain scenarios, close relatives of the victim, including brothers and sisters, can make a lawsuit. If you are a minor, you may also have the support of an adult guardian to help file the application. Understanding the eligibility requirements and collecting relevant documentation forms the basis of a solid legal strategy and enhances the likelihood of a successful claim.

How Long Do I Have to File a Wrongful Death Claim in New York?

The statute of limitations in New York is normally two years from the date of death to file a wrongful death claim. To protect your right to pursue compensation, you must take immediate action. Early legal consultation may help guarantee that all deadlines are fulfilled.

Establishing Fault in a Wrongful Death Case

There are several ways to prove that a wrongful death has occurred. Our experienced team has had much success in proving that wrongful deaths occurred in avoidable circumstances.

Some examples of where a perpetrator may have caused a wrongful death include:

• Events where the defendant did not fulfill a legal obligation to the victim, whether by not exercising caution in driving, not ensuring the safety of a product sold to a customer, etc.
• Scenarios where the defendant was negligent, refusing to fix a problem or warn the victim of dangerous circumstances.
• Cases where the defendant’s actions or inaction directly led to the victim’s death.

Can I Still File a Claim if the Deceased Was Partially at Fault?

In New York, you may still file a wrongful death claim even if the deceased was partially at fault, thanks to the state’s comparative negligence laws. Under this legal framework, the amount of compensation that can be recovered is adjusted based on the percentage of fault attributed to the deceased. For instance, if it is determined that the deceased was 30% at fault for the incident, the recoverable damages would be reduced by that percentage.

This means that even if the deceased had some responsibility in the accident leading to their death, the remaining percentage of fault assigned to the other party can still form the basis for a claim. Therefore, while the total compensation might be reduced, you are not barred from filing a claim altogether.

How Our Wrongful Death Lawyers Can Help

At the Law Office of Julio E. Portilla, P.C., our Manhattan wrongful death lawyers understand that no amount of compensation can replace the loss of a loved one. However, pursuing a wrongful death claim can help alleviate some of the financial challenges that arise after such a loss. Our experienced wrongful death attorneys will:

1. Investigate the Incident: We will conduct a thorough investigation into the circumstances surrounding the death to establish liability and determine who is at fault.
2. Gather Evidence: Our legal team will gather all necessary evidence, such as medical records, witness testimony, and accident reports, to build a strong case on your behalf.
3. Negotiate on Your Behalf: We will engage with insurance companies and other responsible parties to ensure you receive fair compensation for the loss of your loved one.
4. Fight for Your Rights in Court: If settlement negotiations fail, we will be prepared to take your case to trial and fight for the justice and compensation you deserve.

Our commitment to maintaining open communication ensures that you are kept informed throughout every phase of the process. Our firm prides itself on transparency, keeping you updated on important developments and setting realistic expectations.

Call the Law Office of Julio E. Portilla, P.C. at (917) 909-6166 to get a detailed, empathetic consultation about seeking justice for your family with our Manhattan wrongful death lawyer.

Wrongful Death FAQs

Can I file a wrongful death lawsuit if the person responsible was not criminally charged?

Yes, a wrongful death lawsuit is a civil case, separate from criminal proceedings. Even if the responsible party was not convicted of a crime, you can still pursue a wrongful death claim.

How do I prove negligence in a wrongful death case?

To prove negligence, your attorney must demonstrate that the responsible party owed a duty of care, breached that duty, and caused the death through their actions or negligence. Gathering evidence, such as medical records, accident reports, and witness testimony, is crucial in building your case.

How can a wrongful death lawyer help me?

A wrongful death lawyer can investigate the circumstances of your loved one’s death, gather evidence, file the necessary legal paperwork, negotiate with insurance companies, and fight for fair compensation on your behalf.

What if my loved one died due to a defective product?

If your loved one’s death was caused by a defective product, you may have grounds for a product liability claim. A lawyer can help determine if the product was defectively designed, manufactured, or sold, and hold the responsible party accountable.

How much does it cost to hire a wrongful death lawyer?

At the Law Office of Julio E. Portilla, P.C., we work on a contingency fee basis. This means you pay no upfront fees. We only get paid if we win your case and secure compensation for you.

If you've lost a loved one due to someone else’s negligence or intentional actions, it’s essential to seek legal representation as soon as possible. Contact the Law Office of Julio E. Portilla, P.C., today for a free consultation. Our Manhattan wrongful death lawyers are here to support you and fight for the justice your family deserves.