Nothing hurts more than losing a loved one. It is a tragic fact that many wrongful deaths occur as a result of negligence. A wrongful death lawsuit can’t bring the person you love back, but they can help you get compensation for your loss.
A wrongful death action arises when a person is killed as the result of negligence, product liability, or malice on the part of another person.
Negligence might occur in a situation like an automobile or airplane accident, an accident at a workplace, or medical malpractice. The manufacturer of dangerous products might be strictly liable for deaths caused by faulty or unreasonably dangerous products, such as an unsafe automobile or drugs with dangerous side effects. Intentional violence that causes death can also be covered by a wrongful death lawsuit. In that situation the person or persons responsible may also be prosecuted under criminal law. Close family members and sometimes other dependents can sue to recover damages that result from a wrongful death.
Families of the victim often feel pursing legal action will only increase their feelings of distress. Some families do not immediately realize the impact a wrongful death can have on their lives, so contacting a wrongful death attorney is always a good idea. Our attorneys understand the delicacy of wrongful death suits and will try to resolve the wrongful death lawsuit as quickly as possible in a sensitive, tactful manner.
Wrongful death suits can recover the expenses associated to the wrongful death itself, in addition to any loss of salary, benefits, pain and suffering, companionship, and other factors that will increase burden on the family already suffering a grave loss.
What Is Wrongful Death?
Wrongful death occurs when someone’s wrongful conduct leads to someone else’s death. There must be one or more surviving family members who have suffered losses as a result of the death, and there must be an estate by which they can recover damages.
In New York, a person cannot file a wrongful death claim for a fetus that dies before death, no matter the cause of death.
Who Can File a Claim?
A wrongful death claim must be filed within two years of the person’s death. The only person who can file the claim is the personal representative of the deceased’s estate. No other family member can bring about the claim under New York law.
Types of Damages
A personal representative can recover compensation for damages such as funeral and burial expenses, expenses for medical care the person received before they died, lost wages, lost inheritance to children, nurturing and care the person provided to their children, and services and support the person provided to family members before his or her death.
The pain and suffering the person endured before their death can also be recovered. In addition, New York allows for nine percent interest on the damage award. This is calculated beginning on the day the person dies.
Another way in which New York is different from other state is that it does not allow compensation for emotional damages that the family members have suffered as a result of the person’s death. However, that could soon change if Assembly Bill A5612 and Senate Bill S4006 are passed in New York.
If so, these laws would allow the personal representative to recover compensation for the grief and anguish they have suffered. The personal representative would also be able to claim any loss of love, nurture, society, guidance, protection, training, education, comfort, companionship and consortium from the person’s death.
Call a New York Wrongful Death Lawyer
Losing a loved one can be tragic. While nothing can bring back your deceased friend or family member, financial compensation can pay for expenses and somewhat ease the pain.
The Falkowitz Law Firm can help you pursue a legal claim after the loss of a loved one. Our caring and compassionate Long Island Personal lawyers can help you through this difficult time. Schedule a consultation today by calling 844-GET-GARY.
Our firm has the resources, experience and knowledge necessary to assist you with a potential wrongful death lawsuit.