Sakkas, Cahn & Weiss, LLP

free consultation

212-571-7171

  • Spanish, Hebrew, Polish and Georgian Services Available
contact Menu

Filing a Wrongful Death Action

It is devastating to lose a loved one. It can be particularly traumatizing when their death was caused by the wrongful conduct of another. Recently, there has been much news coverage of families who have filed wrongful death lawsuits. In one New York case, a family recently filed suit for $20 million in damages for the loss of their son who spent over two years at Riker's Island without a trial. In that case, the young man was arrested and held in jail where he began to suffer psychological turmoil. The charges against him were eventually dropped, but he continued to suffer from the devastating effects of incarceration and later committed suicide in his home. The suit alleges that the young man was maliciously prosecuted, denied his constitutional rights, and was inhumanely and cruelly punished by the city in addition to being subjected to mental and physical abuse by the city's corrections officers.

In order to bring a suit for wrongful death in New York, five elements must be met. It must be proven that:

  • A death occurred
  • The death was caused by the wrongful conduct or negligence of the defendant
  • The deceased would have been able to bring a claim for the wrongful conduct if the death had not occurred
  • There are surviving family members
  • There are monetary damages

In New York State, a parent, spouse or child may bring a claim for a wrongful death action within two years from the date of death. While family members may not recover for their own grief, they may be able to recover for the conscious pain and suffering endured by the deceased as a result of their injury. Funeral expenses, medical expenses for the injury leading to the death, and wages lost between the time of injury and death may be recovered in a suit. Also calculated into an award is the value of care, support, and nurturing the deceased provided to the family member.

If you have suffered the loss of a parent, spouse, or child due to the wrongful or negligent conduct of another, contact an attorney who is experienced in dealing with wrongful death lawsuits to discuss your legal remedies. Contact the attorneys at Sakkas, Cahn & Weiss, LLP at (212) 571-7171 today.

No Comments

Leave a comment
Comment Information
Email Us For a Response

Have Questions? Get A Free Case Review

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

150 Broadway Suite 300 New York, NY 10038

New York Office
150 Broadway
Suite 300
New York, NY 10038

Phone: 212-571-7171
Fax: 212-571-7174
Map & Directions

Fair Lawn Office
11-18 Saddle River Road
Fair Lawn, NJ 07410

Phone: 201-659-4144
Fax: 212-571-7174
Map & Directions

Garden City Office
1461 Franklin Ave, Suite 2SE
Garden City, NY 11530

Phone: 516-747-7472
Fax: 212-571-7174
Map & Directions

Stamford Office
1010 Washington Boulevard
Stamford, CT 06901

Phone: 203-862-8699
Fax: 212-571-7174
Map & Directions