A wrongful death action refers to a lawsuit filed because someone was killed due to another person’s negligent or intentional acts. Wrongful death could be attributed to drunk driving, medical malpractice, a slip and fall, or any vehicle accident, among others. Read more to learn about the specifics of filing a wrongful death action in New York.
Who can file a claim?
In New York, only the “personal representative,” or executor of the deceased’s estate, may file a wrongful death claim. This could be an immediate family member, but that isn’t always the case. According to New York law, a personal representative is “a person who has received letters to administer the estate of a decedent.” If any damages are won in court, they would be awarded to the personal representative, who would then give them to the deceased’s family.
What damages could surviving family members receive?
The damages awarded in wrongful death cases vary depending on the circumstances, but could pay for:
- Fees associated with the funeral and burial
- Wages lost between the deceased family member’s final injury and resulting death
- Medical bills associated with that final injury
- Emotional or physical pain and suffering experienced by the deceased before their death
Family members are not entitled to compensation for their own emotional pain and suffering due to the loss of their loved one.
How could an attorney help me?
A personal injury attorney can guide grieving families during the complicated legal process of winning compensation. At Hach & Rose, LLP, our attorneys will conduct a thorough investigation into your loved one’s death and build your case for you so you can take the time you need to grieve your loved one and support your family.
Contact a New York wrongful death attorney
Our New York wrongful death attorneys have the knowledge and resources necessary to get a resolution that will hopefully secure fair compensation and bring some peace and closure to the surviving family members. We are only a phone call away. Call our office at (212) 779-0057 to schedule a confidential consultation with a member of our team today.
Many of the articles on this blog mention “pain and suffering” as a factor in winning compensation in personal injury cases. But how does the law define it? It is important to understand how insurance companies and the law define and calculate pain and suffering so you can be certain that you are awarded appropriate compensation.
Definition of Pain and Suffering
“Pain and suffering” can be split into two categories: physical and emotional/mental.
Physical pain and suffering refers to the claimant’s injuries sustained as a result of the injury. This includes discomfort and pain immediately after the accident to the time the claim was filed, plus whatever physical pain and negative health effects the claimant anticipates experiencing in the future as a result of the accident.
Mental pain and suffering refers to the negative emotional effects the claimant experienced as a by-product of their physical pain. This could be embarrassment, shock, loss of interest in life, anxiety, or anger. Like physical pain and suffering, the mental definition also includes any mental and emotional anguish the claimant anticipates experiencing in the future as a direct side effect of the accident. Some more serious instances of emotional pain and suffering include PTSD, depression, mood swings, and sexual dysfunction.
How the courts calculate “pain and suffering”
If a personal injury case goes to trial, a jury will be responsible for determining how much to award a plaintiff for their pain and suffering. Generally, the judge advises the jury to use their best judgment when deciding on an amount to award because there is no set rulebook or rubric regarding the calculation. The jury will usually take into consideration the plaintiff’s credibility, whether expert testimony support’s the plaintiff’s claims, whether the plaintiff has a criminal record, and whether they believe the plaintiff exaggerated their injuries.
A “multiplier” is sometimes used to calculate the amount, but not always. The multiplier multiplies the plaintiff’s “special damages,” meaning total medical bills and lost wages, by a number between 1.5 and 4 to calculate how much to award for pain and suffering.
Contact a New York Injury Attorney
If you have been injured due to someone else’s negligence, you may be entitled to compensation. If you have experienced pain and suffering as a result of that injury, the experienced injury attorneys at Hach & Rose, LLP, can assist you with understanding your rights and building a case. Call our office at (212) 779-0057 or reach out to us online to schedule your free consultation today.
When you’ve been in a catastrophic injury accident, it turns your world upside down. Regular injuries like scrapes and broken bones are difficult to deal with, but these injuries heal. On the other hand, calamities like car crashes, slips and falls, defective product injuries, or medical malpractice can cause a range of traumatic, lifelong injuries, including:
- Brain damage
- Loss of hearing or sight
These types of injuries can significantly alter your daily routines and activities. You might need special medical equipment or home modifications to handle your condition, or you might even need care around the clock. It’s overwhelming to think that life will never be the same as it was before the accident, but there are specific steps you can take to help adjust to this “new normal.”
Prioritize your health
If you didn’t get medical attention at the accident scene, visit a physician as soon as possible to have your injuries evaluated. Some injuries from catastrophic accidents aren’t always obvious and can develop over time. A doctor can help detect these injuries and can help you get the treatment you need. They can also provide a record of your injuries, which will be a critical piece of evidence if you decide to file a claim.
Keep good records
In the aftermath of an injury accident, it’s easy to forget details that will be vital if you decide to file a claim or lawsuit for the accident. To help keep track of these details, take photographs of the accident scene and your injuries, and write down everything you can remember about the incident.
Keep a log of everyone you speak to about the accident, important meetings like doctor’s appointments, and all expenses related to the accident. Catastrophic accidents are not only physically and emotionally traumatizing, but they are also astronomically expensive.
If you decide to file a claim or lawsuit for the accident, you’ll need to need thorough documentation to show proof of expenses caused by the accident. Some of these expenses might include things like:
- Current and future medical care
- Emotional trauma
- Disability accommodations and equipment
- Special vehicles and home modifications
- Physical and occupational therapy
- Lost wages
Watch your words
Don’t speak to the other party’s insurance company without consulting with your lawyer. The insurance company will do everything they can to reduce or eliminate the amount they have to pay you. They might show up at the accident scene or call you to try to talk you into a low settlement that might not cover the full range of expenses you’re facing. Catastrophic accidents can lead to a lifetime of expensive medical bills and procedures, so it’s essential to make sure you’re getting full compensation.
Contact a New York injury lawyer
At Hach & Rose, LLP, we are dedicated to helping children and their families suffering because of others’ recklessness. If you were injured in a catastrophic accident caused by someone else’s negligence, you might be entitled to significant compensation, and the experienced personal injury lawyers at Hach & Rose, LLP are here to help. Call us today at (212) 779-0057 to schedule your free consultation.
With the busy holiday shopping season in full swing, retail workers are putting in long, exhausting hours to prepare for the influx of holiday shoppers. Much like any other demanding occupation, retail-work does not come without its risks.
According to a 2018 report from the United States Bureau of Labor Statistics (BLS), researchers found that “retail trade accounted for 14 percent of all injuries and illnesses [within the] private industry.” When calculated out, this percentage amounts to almost 410 thousand occupational injuries and illnesses in 2018 — that’s a 3.6 percent increase from the total recorded cases in 2017.
Some of the most common injury risks for retail workers include:
- Overextension injuries from excessive physical effort.
- Strains and sprains from lifting and handling heavy items.
- Hernias from lifting and handling heavy items.
- Slips, trips, and falls from improperly maintained walkways.
- Traumatic injuries from falling objects.
- Cuts and lacerations from lives, box cutters, or other sharp objects.
- Traumatic injuries from industrial-grade vehicles and equipment.
- Poor health and a weakened immune system from workplace stress.
Because retail environments can be hazardous, there are numerous rules, regulations, and procedures in place to protect workers. However, if these procedures are not properly maintained, a devastating accident could result.
In a recent report from the BLS, researchers found that a total of 287 retail trade workers sustained fatal injuries in 2017. If these injury rates continue to grow, the total number of fatal injuries for retail workers could be well over 300 by New Year’s Eve.
Contact a New York Injury Lawyer
Retailers have a responsibility to maintain a safe, hazard-free work environment for their employees — no matter what time of year it is. If you or someone you love was injured in an accident, you could be owed compensation for the harm you’ve suffered. This compensation might be available in the form of workers’ compensation benefits or a personal injury claim, depending on the specifics of your situation. Contact Hach & Rose, LLP to speak with an experienced New York injury attorney at (212) 779-0057 to schedule a FREE consultation today.
Restaurant workers face numerous risks within the food-service industry. Professional kitchens often have wet, slippery floors from constant cleaning, and are typically equipped with sharp cutting utensils, hot stoves, deep fat fryers, and industrial-grade appliances.
These factors, coupled with a fast-paced work environment, create plenty of opportunities for restaurant workers to sustain serious — or even fatal — injury. To point, the Bureau of Labor Statistics (BLS) kept track of restaurant worker injury rates in a 2017 study. Researchers found that 447 workers sustained fatal injuries within the workplace.
According to the United States Food and Drug Administration (FDA), a restaurant is legally defined as “a facility that prepares and sells food directly to consumers for immediate consumption.” Because of this definition, there can be many different types of restaurant workers, including:
- Serving staff
Restaurant workers often have very physically demanding jobs. In addition to burns, cuts, and lacerations, workers are at risk for sprains, strains, overextensions, and repetitive motion injuries. Wet floors could easily lead to slip-and-fall accidents, even with the appropriate footwear. Sometimes, injuries can be so severe that workers may become temporarily or permanently disabled.
In these cases, restaurant employees risk missing out on weeks, or even months of compensation. Some workers may even be fired from their positions without notice. If you have experienced this treatment as a restaurant worker, it may be beneficial to hire an attorney to avoid being taken advantage of.
Contact a New York Personal Injury Attorney
If you or someone you love has sustained injury as a restaurant worker because of a negligent party, you have the right to seek financial compensation. Hospital bills and medical treatment can be financially devastating, especially for restaurant workers who are often paid very little to work long, exhausting hours. At Hach & Rose, LLP, we will fight for justice on your behalf, and do everything possible to obtain the financial compensation you deserve.
When it comes to traveling long distances over a short period of time, airplanes are typically the most convenient means of transportation. In addition to this, they’re also one of the most common. According to data from the International Air Transport Association (IATA), an average of more than 8 million people travel by airplane per day.
Not only do airplanes transport people, they transport cargo as well — about 140 thousand tons on a daily basis, to be exact. This means that at any given moment, there’s always a plane in the sky making its way from point A to point B. In fact, according to research from Flightradar24, the number of airplanes in the sky can range from 8 thousand to 20 thousand, depending on the time of day and year.
With such a staggering amount of planes circulating at any moment, it’s easy to wonder: just how common are airplane accidents? According to a report from the Aviation Safety Network (ASN), they’re still relatively rare. In 2018, a total of only 15 fatal airline accidents were recorded. However, because airplane accidents carry the potential to be much more devastating in nature, the total number of fatalities was much higher — in 2018, 556 people were killed in crashes.
Airplane accidents could be caused by a number of factors. Even a small misstep or minor malfunction can lead to disastrous consequences. Some of the most common causes of airplane crashes include:
- Pilot error or negligence
- Mechanical defects or malfunctions
- Extreme weather
- Air traffic controller error
- Poor runway maintenance
- Bird strikes
Contact a New York Aviation Accident Attorney
While aviation accidents are rare, they carry the potential to be so much more devastating than a typical vehicle collision. These types of accidents can result in serious injury, life-long pain and suffering, and even fatality. At Hach & Rose, LLP, we understand that aviation accidents are no small matter, and will take every action necessary to obtain justice on your behalf. Contact our New York airplane accident attorneys at (212) 779-0057 to speak with a qualified member of our legal team about the details of your case.
Wilton, NY (July 5, 2019) – State police have announced the arrest of a man from Wilton who has been accused of rape. William Traver, 39, has been charged with the rape of a 16-year-old girl after police arrested him at his home on Friday, July 5th.
Dunkirk, NY (July 5, 2019) – A fireworks accident that happened on Thursday, the Fourth of July, left a woman injured in the town of Dunkirk, according to authorities. Police stated that a woman was hit with a firework on Bayshore Drive at approximately 10:15 p.m.
Florence, NY (July 5, 2019) – On Friday, July, 5th, police were immediately called to the scene of a fatal motorcycle crash that took place on Wolcott Hill Road in the town of Florence. According to State Police in Sylvan Beach, 26-year-old Brandon E. Humphrey, of Camden, tragically lost his life in the accident that occurred at 1:08 p.m.
Bulls Head, NY (July 5, 2019) – A two-car crash in the Bulls Head neighborhood of Staten Island ended with injuries on Friday, July 5th, according to firefighters who were called to the scene. The crash occurred at approximately 3:33 p.m. at the intersection of Victory Boulevard and Goller Place for reasons that are being investigated.
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