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Things to Consider Before Filling a Wrongful Death Lawsuit in New York City


Things to Consider Before Filling a Wrongful Death Lawsuit in New York City

Losing a loved one is a devastating experience that can be even more overwhelming if their death was caused by the negligence or wrongful actions of another party. In such cases, filing a wrongful death lawsuit can provide a sense of justice and financial compensation for the survivors. However, navigating the legal process can be complex, especially in a city like New York where laws can be intricate. Before proceeding with a wrongful death lawsuit in New York City, there are several important factors to consider.

  1. Eligibility to File a Lawsuit:

A wrongful death case cannot be filed by just anyone. In New York, only specific individuals designated as “distributes” have the legal standing to bring a wrongful death claim. This typically includes the spouse, children, or parents of the deceased. The court will also consider whether the deceased had a will, as this can impact who is eligible to file the lawsuit.

  1. Limitations Period:

It’s essential to be aware of the statute of limitations for wrongful death cases in New York. The time window within which a lawsuit must be brought is determined by the statute of limitations. In New York, the general statute of limitations for wrongful death claims is two years from the date of the person’s death. The case may be dismissed if you don’t file within this window of time.

  1. Burden of Proof:

In any legal case, including wrongful death lawsuits, the burden of proof lies with the plaintiff. This means that you must provide sufficient evidence to demonstrate that the defendant’s actions or negligence directly caused the death. Collecting evidence, such as medical records, accident reports, witness statements, and expert testimony, is crucial to building a strong case.

  1. Causation and Negligence:

Proving causation and negligence is a fundamental aspect of a wrongful death lawsuit. You need to establish that the defendant’s actions or omissions were the direct cause of the death and that these actions were negligent or intentional. Demonstrating this connection requires a thorough investigation and legal expertise.

  1. Potential Damages:

Wrongful death lawsuits can seek compensation for various damages, including medical expenses, funeral and burial costs, loss of financial support, loss of companionship, and pain and suffering. Understanding the potential damages available under New York law can help you determine the value of your case and the compensation you might be entitled to.

  1. Comparative Negligence:

New York follows a comparative negligence rule, which means that the amount of compensation you can receive may be reduced if the deceased was partially responsible for their own death. If the court determines that the deceased’s actions contributed to the accident or incident, the compensation amount could be reduced proportionally.

  1. Choosing the Right Attorney:

Navigating the legal complexities of a wrongful death lawsuit requires the expertise of an experienced attorney who specializes in this area of law. When choosing an attorney, look for someone who has a strong track record of handling wrongful death cases, understands New York’s legal nuances, and is compassionate and communicative.

  1. Settlement vs. Trial:

Before filing a lawsuit, consider whether a settlement could be a viable option. Many wrongful death cases are resolved through negotiated settlements, which can save time, money, and emotional strain. However, if a fair settlement cannot be reached, being prepared for the possibility of a trial is important.

  1. Emotional Toll:

Engaging in a wrongful death lawsuit can be emotionally draining for the surviving family members. It’s essential to be prepared for the emotional challenges that come with reliving the circumstances of the loved one’s death and navigating the legal process simultaneously.

  1. Publicity and Privacy:

Wrongful death lawsuits can sometimes attract media attention, especially in a city like New York. Consider how comfortable you are with potential publicity and how you want to manage your family’s privacy during this challenging time.

Filing a wrongful death lawsuit in New York City is a complex and emotionally charged process that requires careful consideration of various factors. From legal eligibility and statutes of limitations to evidence gathering and choosing the right attorney, each step is crucial for ensuring that your case is properly represented. While pursuing legal action can provide a sense of justice, it’s important to remember that the process can be lengthy and emotionally challenging. Seeking guidance from experienced legal professionals can help you navigate this difficult journey while working towards obtaining the compensation and closure you deserve.

Justin William, Esq.

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