LONG ISLAND WRONGFUL DEATH LAWYER

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Long Island Wrongful Death Lawyer

Legally Reviewed by:

Sameer Chopra

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Sameer Chopra is a founding partner at our firm and a successful trial lawyer with 17 years of experience standing up to large corporations, government entities, and wealthy landlords on behalf of injured individuals. He is a true New Yorker and recognized as one of the Nation’s Top One Percent of attorneys by the National Association of Distinguished Counsel.

He was recognized as a Super Lawyer Rising Star from 2017-2019 and then became a Super Lawyer from 2020 to present. He was also recognized as the 2021 Attorney of the Year by Top 100 Lawyers and was selected by Top Attorneys in North America as a distinguished Exclusive Presidents Circle Attorney for his continued excellence within the legal community. Sameer has recovered hundreds of millions of dollars in settlements and verdicts, including significant verdicts against the City of New York and/or their affiliated agencies, and independent insurance carriers.

Content Last Updated: January 3, 2025

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Filing a lawsuit following the death of a loved one is often overwhelming for families struggling to cope with an unexpected tragedy. However, a lawsuit allows you to hold the responsible parties accountable and ease the financial burden your family may face as a result of your loss.

If you lost a loved one due to someone else’s actions, you may qualify to seek legal compensation. A Long Island wrongful death lawyer from Chopra & Nocerino can guide you through the legal process and fight for justice, accountability, and compensation under the law.

Why Choose Chopra & Nocerino’s Wrongful Death Lawyers on Long Island

Wrongful death claims are emotionally challenging and often complicated. That’s why you need a Long Island personal injury lawyer you can trust.

The attorneys at Chopra & Nocerino have decades of experience successfully handling wrongful death cases. We’ve provided clients with the legal representation and advocacy they need to pursue full and fair compensation through their claims, recovering millions of dollars in case results in the process. Our glowing testimonials also reflect our commitment to delivering top-tier client service.

We are well-versed in navigating New York’s complex wrongful death laws, and you can rest assured that we will handle your case with utmost care and sensitivity. Our attorneys have received numerous awards and accolades recognizing the high quality of our services, including:

Forbes Advisor: Featured Partner for top legal qualifications and client service
Top 10 Under 40 by the National Academy of Personal Injury Lawyers
Attorney of the Year (2021 and 2024) by Top 100 Lawyers
National Trial Lawyers Top 100
Super Lawyers

“From the beginning, they got me all the help I needed with physical therapy, doctors, and my surgery. It just brought me to a different level.”

– Deborah C.

Common Types of Accidents on Long Island That Lead to Wrongful Death Lawsuits

A serious accident can change your life in a matter of seconds. Virtually any type of accident can prove fatal, potentially creating grounds for a wrongful death lawsuit. At Chopra & Nocerino, we’ve supported families who have lost loved ones due to some of the most common causes of accidents on Long Island, such as:

Car accidents
Truck accidents
Motorcycle accidents
Bicycle accidents
Construction accidents
Pedestrian accidents
Premises liability

This list is far from exhaustive—many other types of incidents could result in a wrongful death lawsuit. Our skilled and compassionate wrongful death lawyers on Long Island can review the details of your case and help you determine whether you have a viable claim.

Who Can File a Wrongful Death Claim in Long Island?

In New York, certain surviving family members have the legal right to seek compensation from the party responsible for their loved one’s passing. However, the personal representative of the deceased’s estate must file the lawsuit on their behalf. Depending on the circumstances, compensation secured through a wrongful death lawsuit can be distributed to the decedent’s spouse, children, parents, siblings, grandparents, and others.

What Needs To Be Proven in a Wrongful Death Lawsuit?

While it might seem clear to you that someone was responsible for your family member’s death, proving that claim in court or at the negotiating table can be challenging. To succeed in a wrongful death lawsuit, your attorney must typically establish the four elements of negligence:

Duty of Care

The first step in proving a wrongful death claim is showing that the defendant owed a duty of care to the deceased. In other words, they had a legal obligation to act in a reasonably safe manner that would prevent harm to others.

For example, drivers have a duty of care to pedestrians, bike riders, and other drivers. They’re responsible for driving in a safe manner, following speed limits and other laws in the area.

Breach of Duty of Care

Next, you must show that the defendant breached their duty of care by acting carelessly or recklessly. For instance, a driver who has a duty to act safely on the roads breaches that duty if they drive while intoxicated.

Causation

After showing that the defendant breached their duty of care, you will need to prove that the breach was the primary cause of your loved one’s death. Showing a direct link between the defendant’s actions and the death is vital to your claim.

Damages

Finally, you must show that the death of your loved one resulted in compensable damages. This could include financial losses and emotional trauma that the deceased experienced prior to their death. To obtain a settlement or verdict, you must show that the fatal accident directly caused your damages and that they aren’t due to other unrelated causes.

Types of Damages Available in Long Island Wrongful Death Cases

During a wrongful death lawsuit, you can pursue compensation for many different kinds of damages, including:

Lost wages – You can recover income that your loved one would likely have contributed to the household.
Medical expenses – You can also seek compensation for the cost of medical treatment for your loved one prior to their passing.
Funeral and burial expenses – The cost of burying or cremating your loved one is compensable.
Pain and suffering – Although you can't seek damages for your own emotional trauma, you can pursue compensation for the pain and suffering that your loved one experienced before their death.
Loss of consortium – You might be able to claim compensation for the loss of companionship and comfort that you received from your family member.
Punitive damages – These are available when the responsible party acted in a way that was grossly negligent, malicious, or reckless, resulting in your loved one's death. The intent of punitive damages is not to compensate plaintiffs but to punish defendants and discourage further misbehavior.

An experienced attorney is vital when calculating damages. Without legal knowledge and expertise, it’s easy to overlook potential sources of compensation. In addition, a skilled attorney will know about potential changes to the law, such as the Grieving Families Act, which would allow surviving family members to claim damages for their personal trauma and grief.

How Long Do I Have To File a Wrongful Death Lawsuit on Long Island?

Unlike the standard New York personal injury statute of limitations, which generally gives you three years from the date of injury to file a claim, the wrongful death statute of limitations normally gives you two years from the date of death. In other words, the filing timeline for fatal accidents is one year shorter. Remember, failure to file before the correct deadline will eliminate your right to seek compensation in court—time is of the essence.

Exceptions to the Statute of Limitations in New York

There are a few exceptions to the statute of limitations that may allow you to file a claim past the typical deadline. They include the following:

If the claimant is a minor or suffers from a mental health condition that prevents them from filing, the statute of limitations does not come into play until either condition ends.
If the defendant is absent from the state, that time does not count against the statute of limitations.
If the death resulted from a crime, the statute of limitations can be extended.

Contact the Long Island Wrongful Death Lawyers at Chopra & Nocerino

The legal team at Chopra & Nocerino has extensive experience handling wrongful death claims on Long Island and in New York City. Whether you’re dealing with personal injury or wrongful death after an accident, we will not back down when defending your right to compensation.

“Everybody in the office is fantastic. They’re all friendly, nice, and always willing to help. You know, and bills that came, they took care of them, you know, to talk to the people. I really didn’t have to do much but show up at appointments. …you have to go to my attorneys. They’re the best.”

– Deborah C.

Though we cannot undo what happened, our skilled and compassionate attorneys can help you seek the justice and compensation you deserve. Call (855) NYC-HURT or contact us online to schedule a free consultation with our skilled Long Island wrongful death lawyers. We are here to support you and your family. You pay nothing unless we secure compensation on your behalf.

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