How Much Money Can You Get From a Wrongful Death Suit?
The money you can get from any civil lawsuit depends heavily on the specific details of your situation and the evidence presented to prove your case. When it comes to wrongful death cases, New York State, which has some of the strictest laws in the nation, greatly limits the types of damages you can collect. Under current wrongful death laws, compensation for economic losses, and pain and suffering can only be collected prior to the death of your loved one.
Most wrongful death cases never make it to court. With a Long Island wrongful death lawyer on your side, you can get a fair settlement for your losses. If Gacovino, Lake & Associates, P.C. handles your case, we will pursue settling out of court, although we can litigate your case if necessary.
What Types of Damages Can I Recover in a New York State Wrongful Death Claim?
- Medical care and related expenses stemming from your loved one’s injury and subsequent death.
- Funeral and burial costs.
- Your loved one’s lost wages, covering the period between their injury and their death.
- The value of the services previously provided by your deceased family
- The value of the support lost when your family member passed away.
If there are surviving children, they may be eligible to recover compensation for:
- The value of the parental care and guidance lost
- Lost inheritance
In certain circumstances, we can even request compensation to cover your loved one’s pain and suffering before they passed away. This usually occurs when the person suffered serious injuries but survived for several days or weeks after the accident, only to pass away. This only applies if your loved one was conscious. You cannot recover pain and suffering for a family member who remained unconscious. New York does not allow recovering damages for your own mental anguish, or suffering in a wrongful death case.
We can help you understand the potential value of your wrongful death case. Evidence of actual losses suffered by your family would help frame a fair settlement in your case. Only then can we enter settlement negotiations and ensure we recover enough compensation to cover your losses.
How Is Compensation from a Wrongful Death Suit Distributed?
New York state laws dictate that personal representatives of the deceased file all wrongful death suits, and the immediate family members receive all resulting damages. How the immediate family members split this compensation relies on the rules outlined in N.Y. Estate Powers & Trusts Law § 5-4.4.
In general, this law distributes the payout in proportion to the financial loss of the family members. The surviving spouse and minor children who depended on the income of the deceased to make ends meet — and probably paid for their loved one’s funeral and burial, as well — would receive a larger share than older children who have their own job and home.
If there is:
- A spouse but no children, the entire payout goes to the surviving spouse.
- A spouse and children, $50,000 and half of the payout goes to the spouse and the rest is divided equally by the children.
- Children but no spouse, the children divide the full payout equally.
- No spouse and no children, but one or both parents, the surviving parents share the payout.
- Only siblings surviving, then the payout is split equally between them.
This is a very simplistic example of how this works, and several things may change the way your family distributes the payout from your case. If your deceased spouse had both minor children with you and adult children from a previous relationship, for example, all the children would not split the payout equally. The minor children would likely receive a larger portion of the total compensation. We can explain how to distribute the payout based on the specific details of your situation.
How Can I Contact a Wrongful Death Lawyer on Long Island?
Gacovino, Lake & Associates, P.C., our Bayport, Long Island, wrongful death attorneys are standing by waiting to take your call. We can go to work for you immediately, identifying the parties liable for your loss, and holding them financially responsible for your family’s losses. If you have questions about your loved one’s death or believe you may have a viable wrongful death claim, we offer free case reviews and can help you get the compensation you deserve. Call us today at 631-600-0000 to talk to a Bayport wrongful death lawyer about your case.
How To Claim Disability In New York?
If you cannot work because of a permanent impairment, it can become almost impossible to make your ends meet. For many people, disability benefits, such as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), offer a way to provide for their families even when they can no longer work and earn a living.
The process to claim disability in New York is not complicated, but it pays to plan in advance and understand when you need to call a lawyer for assistance before you apply.
For help understanding how to claim disability in New York, call Gacovino, Lake & Associates, P.C., today at 631-600-0000.
What Information Do I Need to Claim Disability in New York?
While the most difficult part of getting disability is usually proving you are disabled, this is not the only qualification. You need to complete several forms and meet a number of other qualifications to receive benefits.
If you have not worked enough in the last decade to earn enough work credits for SSDI benefits, for example, your claim will receive a technical denial. The Social Security Administration (SSA) will not look at your medical condition without proof that you meet all the technical criteria for the program. For this reason, it is important to review the qualifications and collect any documents you may need beforehand.
There are two ways you can meet the SSA’s definition of “disabled.” You must meet all the criteria outlined in one of their published impairment listings or qualify through a residual functional capacity (RFC) assessment. Both of these rely heavily on medical evidence from your doctor, including treatment notes, imaging scans, and other test results. For this reason, it is important to discuss your condition with your doctor and let them know you plan to claim disability.
How Do I File My Claim?
Once you feel prepared to file your claim, you have several options. Our attorneys can help you through this process. Local Social Security field offices accept disability applications and clear them for all technical issues. You can file your claim by calling your nearest field office or making an appointment to file in person. You can also apply online.
There are dozens of Social Security field offices in New York, so there is sure to be one near you. You can find the nearest field office online or by calling 800-772-1213 during regular business hours. An SSA representative can also set up an appointment to file your claim at your local field office from this number.
Once the field office reviews your claim and determines there is no reason to issue a technical denial, they forward it on to Disability Determination Services. There, a disability determination evaluator will review your application, request your medical records, and determine if you meet the medical criteria for disability. In most cases, you should hear back about your application within six to eight weeks. If not, we can help you check on the status of your claim.
What Happens If I Receive a Denial?
Unfortunately, many people who claim disability benefits receive a denial, either from the local Social Security field office or Disability Determination Services. When this happens, you will need to file an appeal. This is a good time to give us a call. Many applicants find it difficult to navigate this process without the help of a disability attorney.
We will need to act quickly to request a hearing in front of an Administrative Law Judge (ALJ). This is the first step in the appeals process. Before this hearing, we can review your application and identify any issues. We can also submit additional evidence, if necessary. We will have some time to handle this step, because the average wait time for an appeals hearing in New York is two years.
The hearing itself will take place in one of the Office of Disability Adjudication and Review (ODAR) locations in New York State. During the hearing, the judge may ask you questions and interview witnesses who support your claim.
Following the hearing, the ALJ issues a decision in writing. Often, we can get approval for our clients at this step in the appeals process. Many of those who come before an ALJ receive approvals.
When we receive approval, you will begin receiving monthly payments. You will also receive back pay for the period between your application and the time you received approval. If we do not receive approval from the ALJ, we can appeal to the Appeals Council or take your claim to federal U.S. district court.
How Can I Talk to a Disability Lawyer in New York?
At Gacovino, Lake & Associates, P.C., our disability attorneys are here to help you navigate the claims process. If you have questions about filing your claim or need help handling an appeal, call our team at 631-600-0000 to schedule a free consultation today.
How to File a Class Action Lawsuit
Most people do not know exactly how to file a class action lawsuit because it differs from a typical injury claim. Most class action suits begin when a number of injured parties all file individual lawsuits against the same defendant. Sometimes, though, even a single plaintiff can file suit and ask a judge to approve a class action complaint as long as there is reason to believe dozens of others suffered damages in the same way.
A judge must approve all class action lawsuits, officially creating the class and outlining the qualifications to be a class member. Once certified, the judge deals with only a single case or a small group of cases, and applies the outcome to the rest of the class.
Step 1: Have a Class Action Lawyer Evaluate Your Case
The first step in filing a class certification is to meet with a lawyer who handles this type of claim. Not all do, and you will want to make sure you have someone with the resources and knowledge to handle your case on your side. Most attorneys offer free case evaluations, so you have nothing to lose. Our lawyers can help you understand your legal options based on the facts of your case in a complimentary consultation.
During our conversation and in our research to follow-up, we will touch on a number of different topics. One of these will certainly be whether you need to pursue individual litigation or if we may need to file a class action lawsuit. To make this decision, we will need to:
- Check for lawsuits already filed against this defendant based on this issue
- Research other similar cases to see potential outcomes
- Determine the applicable statute of limitations
- Identify others who may have suffered damages in the same way
- Ensure a class action makes more sense than a mass tort or another option
Only once we decide the best option to hold the liable party accountable and recover the compensation you deserve will we take action. We need to fully investigate your case, as well as begin to identify other potential members of the class, and learn as much as we can about the defendant.
Step 2: File the Complaint
If we determine we should pursue a class action lawsuit, one of our attorneys will prepare the complaint. In this complaint, we outline the basic facts of your case and your damages.
This legal document also gives us the chance to make our case for class action over an individual lawsuit. In it, we explain why we believe this case qualifies as a class action, and who will qualify as a part of the class. We can describe the attributes of the class, and offer any information we have about how many potential class members there could be.
For example, if we are filing a case against a company that made false claims about its product and sold 15,000 units each year in the two years it was on the market, we can estimate the number of potential class members based on this information.
We can define the class as consumers who bought the product and did not achieve the promised results. If we are filing the claim at the state level, we only include residents of your state in the potential class. However, we pursue most class actions on a federal level when possible.
Step 3: The Judge Must Approve the Class Certification
The final step in filing a class action lawsuit is the official certification of the class. Even if we propose class litigation, the judge must approve it. This includes a close look at the facts of the cases, their similarities, and their differences. An affirmative ruling is often referred to as “class certification.”
The courts use class actions to help handle a large influx of cases against the same defendant, when damages occurred in a similar manner. If there are too few cases or the facts of the cases are too different, the judge will not approve a class action.
In addition, the judge will certainly dismiss any claims he finds to have little basis — known as a frivolous lawsuit. This is one reason it is so important to have the right attorney on your side when you file this type of complaint. We have the resources to adequately prepare your case for this type of review, and best equip our complaint for class action certification.
Talk to an Attorney from Gacovino, Lake & Associates, P.C. Today
At Gacovino, Lake & Associates, P.C., we handle all types of mass torts, multidistrict litigation, and class action cases. Call us today at 631-600-0000 to schedule your free case evaluation with our team, and learn more about your legal options for compensation.
