New York Wrongful Death Attorneys
The deep heartbreak caused by the death of a family member or friend is one of the most difficult experiences a person can endure. But when the death was unnecessary, caused by the negligence or neglect of another person, the loss can be inestimable. That’s why at Hoffmaier & Hoffmaier, our wrongful death attorneys tackle these cases with a passion like no other. If you’ve lost a family member in an accident, give us a call today to discuss your case
What You Can Expect
Although no legal verdict or monetary award can bring a loved one back or begin to replace his or her spot in your life, it can have other very important effects, including:
- Reimbursing you for medical costs
- Paying for funeral and burial costs
- Providing for your family if the deceased was a primary breadwinner
- Enacting a partial, if not full, measure of justice for the wrong committed
- Deterring practices that may cause someone else to lose a loved one
Wrongful death can happen as the result of any kind of negligence – from a distracted driver, an irresponsible property owner, a dangerous work situation, or the use of a defective product or piece of equipment. No matter what happened, we promise to be there to fight for justice in your case.
Do I Have A Case?
When clients approach us with questions about whether or not they have a wrongful death case, we look for three hallmarks that are present in every case of negligence
- The accused had a responsibility toward you
- He neglected his responsibility by failing to adhere to normal precautions and procedures
- His actions were the direct cause of death
By “responsibility,” we mean that he either actively or passively had a relationship with your loved one where he owed him a level of care. Every driver has a responsibility to other drivers, cyclists, and pedestrians on the road. Every property owner has a responsibility to guests who are rightfully on his land. Every manufacturer has a responsibility to the consumer who uses its product. However drivers do not have a responsibility toward people who are trespassing on private drives, homeowners do not have a responsibility toward people who are illegally in their home or yard, and manufacturers do not have a responsibility toward people who ignore clear operational warnings. Therefore, the first thing to prove is that your loved one was rightfully owed a responsibility.
The second and most important point of proof is that the other party was being negligent – or acting in a way that a reasonable person should know to be risky or which is against standard procedure. Failing to yield to pedestrians in a crosswalk, texting while driving, exceeding the speed limit, ignoring dangers on your property instead of making repairs, and similar actions are all contrary to how a reasonable person considering the safety of others should act. And if someone is killed as a result, they should be held responsible.
The third point of proof is that the defendant’s negligent actions were the direct or “proximate” cause of death. For example, if a car hits a pedestrian in the crosswalk because the driver is texting instead of watching the road, the driver is the direct cause of death. However, if he only wounds the pedestrian and the victim is taken to the ER where he later dies of a hospital-acquired infection, the driver cannot be sued. In this latter case, the infection, not the collision, was the immediate cause of death.
Obtaining Justice For Your Loved One
At Hoffmaier & Hoffmaier, we know that no court case can heal the wound left by the loss of a loved one. But during your time of grief, we fight aggressively to obtain as much justice for your situation as possible and to help alleviate the financial burden upon you so you can focus your energy on caring for yourself and your family.
If you think a member of your family may have died from someone else’s negligence, give us a call today at (212) 777-9400 to discuss your situation.