Losing a loved one is always difficult, but it can be especially devastating if the negligence or wrongdoing of another person or entity causes their death. In New York, if someone dies due to another party’s negligent or intentional actions, their family members or beneficiaries may be entitled to compensation for their losses through a wrongful death claim.
Wrongful death claims are a type of civil lawsuit that seeks to hold the responsible party accountable for the death of another person. These claims get filed by close family members or the deceased’s estate. They can result in compensation for medical expenses, funeral costs, lost wages, and other damages associated with the death.
If you have been affected by a loved one’s wrongful death in New York, it’s essential to understand your legal rights and options. Here are some key things to know about pursuing a wrongful death claim in New York:
Who Can File A Wrongful Death Claim In New York?
Under New York law, a wrongful death claim must get filed by the personal representative of the deceased person’s estate. This person is typically named in the deceased’s will or appointed by the court if there is no will or the designated representative cannot serve.
The personal representative can file the wrongful death claim for the deceased’s surviving family members, who may be entitled to compensation for their losses. Eligible family members may include the deceased’s spouse, children, parents, or other dependents.
What Damages Are Recovered In A Wrongful Death Claim?
The damages that can get recovered in a wrongful death claim in New York are intended to compensate the deceased person’s surviving family members for their losses. These damages may include
- Medical expenses incurred before the person’s death
- Funeral and burial expenses
- Lost income and financial support
- Loss of companionship, guidance, and support
- Pain and suffering experienced by the deceased before their death
Punitive damages get awarded if the responsible party’s conduct is egregious or intentional.
What Is The Statute Of Limitations For Filing A Wrongful Death Claim In New York?
In New York, wrongful death claims must get filed within two years of the date of the person’s death. It’s essential to consult with an experienced attorney to ensure that your claim is filed within this deadline.
How can an attorney help with a wrongful death claim?
Losing a loved one is an emotional and overwhelming experience, and pursuing a wrongful death claim can be complex and daunting. An experienced attorney can provide guidance and support throughout the legal process.
- Investigating the circumstances of the person’s death to determine liability
- Identifying and collecting evidence to support the claim,
- Calculating damages and negotiating with the responsible party’s insurance company,
- Representing the personal representative and family members in court, if necessary
By working with an attorney who has experience handling wrongful death claims in New York, you can ensure that your legal rights are protected and that you have the best possible chance of securing the compensation you and your family deserve.
If you have been affected by a loved one’s wrongful death in New York, don’t hesitate to seek legal guidance. Contact an experienced attorney to discuss your options and start the process of pursuing a wrongful death claim today.