It is critical to understand the laws that govern the procedure when pursuing a wrongful death lawsuit in New York. When someone dies as a result of someone else’s negligence, a wrongful death lawsuit can be filed against the party responsible for the incident. An automobile accident, a defective product, an incident of medical malpractice, or a slip-and-fall might all give rise to such a claim in New York. Only specific people may be able to file the complaint under state law. In addition, the plaintiff must be able to prove a variety of things in order to receive compensation.
According to the legislation, only the following individuals may file a wrongful death lawsuit:
- The decedent’s spouse
- The decedent’s kid
- The decedent’s parent
- The personal or court-appointed representative of the decedent’s estate
Where there is no surviving spouse, parent, or kid, another blood relative, such as a sibling, may be able to pursue the claim. But, in order to do so, the person must be named as the deceased’s personal or court-appointed representative. It should also be emphasized that these claims have a two-year statute of limitations. To put it another way, the case must be brought within two years of the person’s death.
Demonstrating The Assertion
Once the action is filed, the plaintiff and his or her counsel must begin establishing the case. A successful claim requires numerous factors to be proven. Secondly, it must be demonstrated that the defendant in the case acted carelessly and that the defendant’s negligent act or failure to act resulted in the death of the victim. In the case of an automobile accident, for example, the plaintiff may be able to demonstrate that the defendant was speeding, following too closely, changing lanes inappropriately, or texting while driving, which caused the deadly disaster.
The claim must name the survivors or beneficiaries who will receive any award. This award will be based on the monetary damages caused by the incident. In New York, the only damages recoverable in a wrongful death claim are the economic losses, such as medical and burial expenses and lost wages, as well as the decedent’s conscious agony and suffering as a result of the event. There is no compensation for the anguish that the survivors are experiencing. If the decedent leaves children behind, the children may be eligible to recover damages for the loss of guidance and education that their parent would have been able to provide.
Anyone with additional inquiries concerning this subject should contact a personal injury lawyer in New York.
Hiring A Wrongful Death Attorney Is Highly Beneficial
A personal injury lawyer can help you with a variety of issues.
- Gather proof: Your lawyer can collect any evidence that can support the responsible party’s liability and your damages if you opt to engage with legal representation on your wrongful death case.
- File paperwork: An attorney can handle all legal forms and records in your case, including filing your insurance claim and/or wrongful death lawsuit.
- Negotiate with the insurance company: Once your insurance claim has been filed, your lawyer can meet with the insurance company to negotiate a settlement.
- Represent you at trial: If the responsible party’s insurance company refuses to give you a reasonable settlement offer, your case may proceed to trial, where an attorney will argue your certain case in front of a judge or jury.
- Respond to the following questions: Throughout the legal process, your attorney is available to answer any questions you may have, provide advice, and explore potential outcomes of your case.
Many personal injury attorneys work on a contingency basis when handling wrongful death litigation. This means that you would only be charged for legal fees if your case was won and you received money in the form of a settlement offer or a court award. However, if you want to resolve your specific case than you can make contact with us. Our professional Wrongful Death Lawyer in New York has the required industry experience and statutory expertise to handle your case with the highest care and attention while paying close attention to the smallest details.