Family members can file a wrongful death claim when their loved one dies through the negligence or wrongdoing of another person or corporation. This type of claim allows the deceased’s estate or surviving family members to seek monetary damages from the guilty party.
Although no amount of money can ever compensate you for your loss, a wrongful death claim is a means to seek justice for your loved one, hold responsible parties accountable, and recover compensation for your family’s future.
Wrongful death can be caused by many different factors and situations, such as:
Only the following persons can bring a wrongful death claim New York:
Damages awarded in a wrongful death claim will depend on the particular facts of the case. Commonly awarded damages include:
Under NY state law, family members of a deceased victim are not allowed to recover damages for their own pain and suffering, mental anguish, or loss of companionship – not even children of the person who was killed. In New York, only economic damages are recoverable in a wrongful death lawsuit, except for the conscious pain and suffering experienced by the victim before death as a result of the accident or injury.
A wrongful death claim can only be brought if the victim would have had a valid personal injury claim against the responsible party had he or she lived. To recover damages for wrongful death, your attorney must show that the defendant acted negligently or wrongfully and that the defendant’s negligence or wrongdoing caused the victim’s death. It must also be shown that there are surviving distributees, children, or dependents of the deceased victim, and that his or her death resulted in monetary damages.
The statute of limitations (time limit imposed by law) for wrongful death is two years in New York. If your claim is not filed within that time period, it will be forever barred. If you have lost a loved one through someone else’s negligence or wrongdoing, it is in your best interest to speak with an experienced lawyer as soon as possible.
Call The Case Handler at 929-223-4195. Our New York personal injury attorneys at Pollack, Pollack, Isaac & DeCicco, LLP can provide compassionate and effective representation in your wrongful death claim.
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