Garden City Wrongful Death Lawyer

Ready to Fight for Families Who Lost a Loved One in an Accident

Losing a loved one is never easy—especially when the death was caused by someone else’s negligence or misconduct. If you believe a family member’s death could have been avoided, you may have legal grounds to pursue justice through a wrongful death lawsuit. At Horn Wright, LLP, our dedicated Garden City wrongful death lawyers are here to help families in their most difficult moments. We offer compassionate, strategic legal representation with the goal of holding the responsible party accountable and recovering the compensation your family deserves.

Call (516) 714-5975 or contact us online today to let our firm help you through this difficult time.

What is Considered Wrongful Death?

In legal terms, wrongful death occurs when an individual dies as a direct result of another party’s negligent, reckless, or intentional behavior. The action (or inaction) that caused the death must be something for which the deceased could have filed a personal injury claim had they survived. In essence, wrongful death claims are personal injury lawsuits brought on behalf of the deceased.

Common causes of wrongful death include:

• Car, truck, or motorcycle accidents
• Medical malpractice
• Defective products
• Construction or workplace accidents
• Nursing home neglect or abuse
• Criminal acts such as assault or homicide

A successful wrongful death claim can provide much-needed financial relief to surviving family members and help bring closure during a painful time.

Who Can File a Wrongful Death Lawsuit in New York?

New York law is specific about who has the legal right to file a wrongful death claim. Unlike some other states, New York does not allow just any family member to file a claim.

In New York, only the personal representative (also known as the executor) of the deceased person's estate can file a wrongful death lawsuit. This representative may be named in the deceased’s will or appointed by the court. Although this person files the lawsuit, the damages recovered are distributed to eligible surviving family members such as:

• The surviving spouse
• Children
• Parents (in some cases)
• Other dependents or beneficiaries

What Elements Must You Prove to Succeed in a Wrongful Death Lawsuit in NY?

To win a wrongful death lawsuit in New York, you must prove several key legal elements:

1. Death of a person: There must be clear evidence that someone has died.
2. Caused by negligence or misconduct: The death must have resulted from another party’s wrongful actions, whether negligent, reckless, or intentional.
3. Existence of damages: Surviving family members must have suffered losses due to the death—this can include both financial and emotional harm.
4. Appointment of a personal representative: The claim must be filed by the legal representative of the estate.

Gathering evidence and proving these elements requires a thorough legal approach. Our Garden City wrongful death lawyers have the experience and resources needed to build a compelling case on your behalf.

Compensation for Wrongful Death

Families affected by wrongful death often face emotional trauma, unexpected medical expenses, and financial instability. Under New York law, survivors may be eligible to recover compensation for:

• Funeral and burial expenses
• Medical bills related to the deceased's final injury or illness
• Loss of the deceased’s income and benefits
• Loss of inheritance
• Loss of parental guidance, nurturing, and companionship
• Pain and suffering of the deceased before death (if applicable)
• Value of household services provided by the deceased

FAQs About Wrongful Death in Garden City, NY

How long do I have to file a wrongful death lawsuit in New York?

The statute of limitations for wrongful death claims in New York is two years from the date of death. Missing this deadline could result in the loss of your right to seek compensation.

What if criminal charges are also involved?

A wrongful death lawsuit is a civil action, separate from any criminal charges. Even if the responsible party is acquitted in criminal court, you may still succeed in a civil lawsuit, which has a lower burden of proof.

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

At Horn Wright, LLP, we work on a contingency fee basis—meaning you pay nothing unless we win your case. This allows you to pursue justice without the burden of upfront legal fees.

Do I need to go to court to resolve a wrongful death claim?

Not always. Many wrongful death cases are settled out of court. However, our team is fully prepared to take your case to trial if a fair settlement cannot be reached.

Why Choose Our Garden City Wrongful Death Attorney?

At Horn Wright, LLP, we understand that no amount of money can replace your loved one—but a successful wrongful death claim can provide financial stability and a sense of justice. We bring:

• Deep knowledge of New York wrongful death laws
• Personalized attention to every client
• Aggressive representation in negotiations and court
• Compassionate support throughout the process

Our legal team has a proven record of securing substantial settlements and verdicts for families in Garden City and throughout Nassau County.

Contact our Garden City wrongful death attorneys at (516) 714-5975 for a free consultation.