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Winkler Kurtz LLP

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      • James R. Winkler
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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
      • Powers of Attorney
      • Probate
      • Estate Administration
      • Wills & Trusts
      • Wills & Trusts FAQ
    • Real Estate
  • Case Results
  • Testimonials
  • Contact Us

Wrongful Death

When a person is injured due to another’s negligence or intentional harmful acts, the injured person can seek compensation in a personal injury suit against the negligent party. In certain particularly tragic cases, these injuries may result in death.

In these situations, a representative of the deceased’s estate may bring a wrongful death claim against the negligent person on behalf of the deceased’s surviving family members.

Types of Wrongful Death Claims

According to the CDC, unintentional injuries are the fourth-highest cause of death. A wrongful death lawsuit can apply to almost any kind of personal injury situation that has resulted in death, including:

  • Poisoning
  • Motor vehicle accidents
  • Falls
  • Medical malpractice
  • Nursing home negligence
  • Exposure to asbestos
  • Drowning in the pool of a negligent homeowner
  • A deadly construction accident

Damages in a Wrongful Death Lawsuit

Surviving family members who are eligible to be awarded damages may include spouses, minor children, and the parents of a minor child who has passed away. The surviving party may be compensated for his or her losses in a wrongful death suit, including:

  • The deceased’s pain and suffering
  • Medical costs incurred prior to death
  • Funeral and burial costs
  • Lost future financial support
  • Value of lost benefits, such as a pension or health insurance

Loss of a Child

Although it is never easy or pleasant for courts to assign a monetary value to a human life, that is precisely what they must do in wrongful death cases. When the deceased is an adult, the court will consider the his or her financial earnings and potential earnings, as well as the value of any services the deceased might have provided, when determining the compensation to be awarded.

In the event that a child dies, the determination of damages is less clear. To a parent, there may be nothing with greater value than the child’s life. However, in New York, the court does not take into consideration the emotional hardship of losing a child, and it is difficult to estimate a child’s future earning potential. In order to recover significant damages beyond burial expenses and pre-death pain and suffering, it is important to discuss your case with an experienced wrongful death attorney.

Statute of Limitations for New York Wrongful Death Claims

When you are grieving, filing a wrongful death lawsuit may be the last thing on your mind. It is important to remember, however, that in New York, the statute of limitations for wrongful death claims is two years. This means that there is a two-year time limit to file a claim, so it is crucial to consult with a lawyer promptly.

Get Help from a Long Island Wrongful Death Attorney

The wrongful death attorneys at Winkler Kurtz, LLP understand that no amount of money can make up for the loss of a loved one. However, recovering wrongful death damages will help protect you from financial hardship and bring you relief and closure. Let us put our compassion and experience to work for you. Contact us online or call us today at 631-928-8000 for a complimentary consultation.

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Practice Areas

  • Personal Injury Lawyer On Long Island
  • Divorce & Family Law
  • Long Island Medical Malpractice Lawyer
  • Trusts & Estates
  • Real Estate

Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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CONTACT US

Winkler Kurtz, LLP
1201 Route 112, Suite 200
Port Jefferson Station, NY
11776

Phone:

(631) 928-8000


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(631) 928-8578

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