Losing a loved one to death is a heart-wrenching reality that we all face eventually. But the pain that comes with the passing of someone close to you due to an incident that could have been prevented is particularly devastating. The unfairness of such a loss is overwhelming, and no amount of justice can truly fill the void left behind. However, one thing you can do is take action on behalf of your loved one so that the negligence and wrongdoing that led to such a tragedy will not go unnoticed. This guide will walk you through the process of seeking justice by means of a wrongful death claim in New York. You don’t have to face this difficult journey alone. Learn how a New York wrongful death lawyer can make the process easier and more manageable for you.
New York Wrongful Death Lawyer: Your Complete Guide to Compensation
What is a Wrongful Death Claim in New York?
The New York City Bar defines wrongful death as an action for damages caused when a person’s death occurs due to the wrongful conduct of another. The nature of this wrongful conduct could be negligence, recklessness, or, in the worst case, an intentional act.
A wrongful death claim is filed when you want to hold the at-fault party accountable for their actions. With a New York wrongful death lawyer’s direction, the deceased’s family can secure compensation for the losses they have been forced to endure.
If an accident causes death in these circumstances, it is recognized as a wrongful death case in NY:
- Car accidents: Fatalities caused by reckless or drunk driving.
- Medical malpractice: A patient’s death due to a healthcare provider’s negligence.
- Workplace accidents: Fatal incidents on construction sites or other hazardous environments.
- Product liability: Deaths caused by defective or dangerous products.
- Criminal actions: Homicides or other intentional acts.
To understand whether your situation qualifies for a wrongful death claim, you should be getting advice from a local accident lawyer in New York, ideally, a new york wrongful death attorney.
Who Can File a Wrongful Death Claim in New York?
In New York, only the personal representative of the deceased’s estate has the legal authority to file a wrongful death claim. The surviving family members are considered the beneficiaries and the representative has to act on their behalf.
You are a beneficiary in a wrongful death claim only if you belong to one of these categories:
- Spouse: The deceased’s surviving husband or wife.
- Children: Both biological and adopted children.
- Parents: If the deceased was unmarried and had no children.
With the assistance of an experienced New York wrongful death attorney, beneficiaries can recover compensation for damages like medical expenses and funeral costs.
IMPORTANT: There is a two-year statute of limitations for filing wrongful death lawsuits in New York. Acting quickly is necessary. An NYC accident law firm can guide you on the steps to take before time runs out.
Steps to File a Wrongful Death Claim in NY
Filing a wrongful death claim in New York can feel overwhelming, but understanding the steps involved can help you feel more prepared. Before anything, you need to figure out who your personal representative is.
From there on, consulting a New York wrongful death lawyer should be your next move. A new york city wrongful death lawyer will make sure that the correct procedures are followed and collect all the evidence needed to support your claim. After preparing, your wrongful death attorney in New York will file the case in court to begin the legal process.
The next step is the discovery phase. This is where both sides exchange evidence to strengthen their argument. With a skilled NYC wrongful death lawyer, you might be able to resolve the case during settlement negotiations. However, this outcome may vary depending on the complexity of the wrongful death case.
If an agreement cannot be reached, the case proceeds to trial. This is when a judge or jury will determine the result. Finding a dedicated wrongful death attorney NYC is essential for managing this entire process.
What are the Damages that an NYC Wrongful Death Lawyer Can Recover?
When pursuing a wrongful death claim in NYC, there are different types of damages that you may recover. Damages in New York wrongful death cases are categorized as:
- Economic damages: Medical bills, funeral costs, lost wages, and household services.
- Non-economic damages: Pain and suffering your loved one experienced before passing, loss of parental guidance for children.
Economic damages are measurable financial losses that are caused by the death of your loved one. Non-economic damages focus on the emotional losses that the family suffers.
Unfortunately, New York law does not allow recovery of non-economic damages for surviving family members. This means that family members cannot claim compensation for their own emotional pain and suffering unless they were in the zone of danger at the time of the accident. However, you can still recover damages for conscious pain and suffering with the guidance of a new york city wrongful death attorney.
Types of Insurance to Cover Wrongful Death in New York
In New York, various types of insurance may provide financial compensation in wrongful death cases, depending on the circumstances of the loss. These policies are designed to cover damages caused by the at-fault party.
Types of insurance that may cover wrongful death in New York include:
- Medical malpractice insurance: Covers damages if a medical mistake causes wrongful death.
- Personal Injury Protection (PIP): Covers funeral expenses and survivor benefits.
- Auto insurance: Applicable if a car accident results in death.
- Liability insurance: A third-party claim should be filed.
A New York City wrongful death attorney plays an important role when it comes to dealing with insurance companies to secure the compensation you deserve. While every case is different, insurance companies have a tendency to use unfair tactics to lowball settlements. A skilled New York wrongful death attorney knows how to negotiate by doing the necessary research on insurance policies and evidence gathering.
Get Legal Support from a New York Wrongful Death Lawyer Today
The pain of having to face the loss of your loved one is so overwhelming that thinking straight during these vexing times is next to impossible. Above all, consulting an accident law firm is the last thing on your mind.
But you don’t have to face these difficult times alone. At Gabriel Legal, our team of dedicated wrongful death lawyers is ready to support you every step of the way. With years of experience handling wrongful death cases in New York, we understand the challenges you are facing.
Contact us today at (212) 497-2421 or schedule a free consultation here to let us help you secure the compensation your family deserves.
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