When someone dies because of another person’s negligence, recklessness, or intentional actions, that may be considered a wrongful death. New York’s wrongful death law allows the deceased person’s estate, through an appointed representative, to receive compensation. .
Wrongful death can happen due to things like medical malpractice, dangerous working conditions, motor vehicle accidents, or faulty products. In these situations, the family members of the person who died, such as their spouse, children, or parents, through an appointed personal representative may file a wrongful death claim.
A wrongful death claim is a type of lawsuit where people can seek money to compensate for the financial and emotional losses they suffered because of their loved one’s death, including things like funeral costs, and lost income.
This article will provide a comprehensive overview of what wrongful death means from a legal standpoint. We’ll explain specifically who can file a claim in New York, what types of damages you may recover, and how the legal process works.
The loss of a loved one is a profound and life-altering tragedy. The grief, pain, and sense of emptiness can feel overwhelming, affecting every aspect of your life. When someone else’s negligence or wrongdoing caused that loss, it can add layers of anger, frustration, and a desperate search for justice to an already unbearable situation.
While nothing can undo the loss or fill the void left behind, filing a wrongful death claim can be an important step in the healing process. It’s a way to hold the responsible parties accountable, to say that your loved one’s life mattered, and that the responsible party cannot ignore their loss. It can secure the financial support your family needs to move forward in the face of such a monumental loss.
Granted, no legal action can erase the pain of losing a cherished family member. But pursuing a wrongful death claim can provide a sense of closure, accountability, and financial security to help you rebuild in the wake of an unimaginable tragedy.
In simple terms, the wrongful act, neglect, or default of another party causes a wrongful death.
Some everyday situations that may lead to a wrongful death claim include:
A wrongful death lawsuit must show that the responsible party acted negligently or intentionally, that their actions led to the death, and that surviving family members suffered damages as a result.
In New York, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This is usually the executor named in the will or an administrator appointed by the court.
The personal representative essentially acts on behalf of the estate and any family members who may recover damages.
While the personal representative files the claim, any damages awarded are for the benefit of the deceased person’s distributees under New York’s inheritance laws.
The surviving spouse and children usually receive wrongful death compensation, or the parents or siblings if the deceased left no surviving spouse or children. Every situation is unique.
A wrongful death claim seeks to recover monetary damages for the losses suffered by the deceased person’s estate and their surviving family members.
These damages may include:
In some cases, courts may also award punitive damages for a responsible party’s particularly egregious or intentional actions. Punitive damages punish the wrongdoer and deter similar conduct.
At the current time, New York law does not allow surviving family members to recover damages for their own pain and suffering, mental anguish, or loss of companionship in a wrongful death case. The focus is on the financial support the deceased would have provided. However, family members may file a separate claim for emotional distress if they witnessed the fatal incident.
Wrongful death claims in New York are subject to a statute of limitations, meaning you have a limited window of time to file. In most cases, the claim must be filed within two years of the date of death. If the claim is against a municipality, city, or county, a notice of claim may also need to be filed within 90 days. Every situation is unique; it is not possible to generalize, but an experienced attorney can examine the unique circumstances of a particular case.
These deadlines are strict, and missing them can mean losing your right to recover damages entirely. That’s why it’s crucial to speak with an experienced wrongful death attorney as soon as possible.
An experienced attorney can guide you through every step of the complex wrongful death claim process.
While no two case will ever follow the same path, here’s a general overview:
To prevail in a wrongful death lawsuit, your attorney must present evidence proving the following elements:
Evidence in a wrongful death case may include medical records, accident reports, witness testimony, expert analysis, and more. An experienced attorney will know the evidence needed to build a strong case.
Dealing with legal issues while grieving is incredibly difficult. An experienced wrongful death attorney can help to lift that burden, allowing you to focus on healing while they handle aspects of your case.
Here are some key reasons to hire an attorney:
At William Mattar Law Offices, we’ve helped numerous families navigate the aftermath of a tragic loss. We treat every client with compassion while aggressively pursuing the compensation and justice they deserve.
When selecting a wrongful death attorney, look for a firm with:
William Mattar Law Offices offer free consultations to discuss your case and explain your legal options.
At William Mattar Law Offices, we understand that taking legal action while grieving can feel daunting, even impossible. You’re already dealing with so much; the thought of navigating complex legal matters may seem like more than you can handle.
Our experienced and compassionate wrongful death attorneys are here to lift that burden from your shoulders, to handle every aspect of your case with skill and dedication so you can focus on honoring your loved one’s memory and beginning to heal.
While no amount of money can replace your loved one, a wrongful death claim can provide a measure of accountability and much-needed support for your family’s future.
If you lost a family member due to someone else’s negligence, contact our experienced wrongful death attorney at (716) 444-4444 or through our online form to discuss your rights during a free consultation.