Have you or your family suffered the tragic and senseless death of another because of someone else’s negligence?

Every day, wrongful death cases are filed as a result of car accidents, bicycle or pedestrian accidents, workplace forklift accidents, medical malpractice, truck and motorcycle accidents. At David Resnick & Associates, PC, we want to make sure that your family is fairly compensated for the loss of a loved one.

It is hard to think about investigating the circumstances that lead to a wrongful death when you are grieving, but it is critical. A prompt investigation will help preserve evidence, which may in turn determine how and why the incident occurred, and identify the persons legally responsible for the incident. Let David Resnick & Associates, PC take care of this important matter for your family. Our firm will pursue a wrongful death action, and fight for your right to have increased financial security for you and your children for years to come.

The legal term “wrongful death” includes the claims of husbands, wives, children, parents, brothers, sisters and financially dependent children [whether or not formally adopted] when negligence, reckless or intentional misconduct has caused the death of a family member. Wrongful death claims include every type of accidental death, no matter the specific cause.

In wrongful death cases, negligence must be proven. There are four critical components that must exist in every claim:

1. The defendant had a duty to the deceased,

2. The defendant failed in that duty (breach of duty),

3. That the fatality was caused by the defendant’s breach of duty, and

4. That the survivors are entitled to damages as a result of the loss of their loved one.

Surviving family members can be compensated for medical expenses, loss of income, funeral expenses and other out-of pocket costs. Survivors also have wrongful death legal rights to receive compensation for non-economic losses such as the loss of consortium, and emotional pain and suffering.

Today, spouses, children, and other kin have the legal right to seek compensation by filing a wrongful death lawsuit. Through a wrongful death lawsuit, survivors can seek compensation. All wrongful death laws have what is called a statute of limitations which limits the time that survivors can exercise their wrongful death legal rights. Every state has a different statute of limitations which can range anywhere from a few months to a few years. In most cases a statute of limitations begins when the person dies.

The statute of limitations for a wrongful death claim is shorter than that of a personal injury claim. To protect your legal rights and interests, it is wise to speak with a qualified attorney as soon as possible.

If you have lost a loved one due to another’s misconduct or carelessness, contact David Resnick & Associates, PC. Our attorneys will help you fight for your loved one’s rights, and also protect your rights from insurance companies, whose first consideration is to decrease their liability in wrongful death claims.

We want to make sure you will be treated fairly. Protect yourself and your loved ones by calling for a free and confidential consultation. There is no obligation, so please call our office at 212-279-2000 to set up an appointment to discuss your case.

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