What Qualifies You for a Wrongful Death Claim?
A wrongful death claim arises when a person's death is caused by the negligence of another party. To establish wrongful death claims, you must prove that:
- The death was caused by the defendant's actions or inactions.
- The defendant's actions were negligent, reckless, or intentional.
- The deceased's death resulted in damages to the surviving family members.
Your lawyer will gather evidence that supports your case by demonstrating each of those essential elements of a wrongful death claim.
What Are the Most Common Causes of Wrongful Death?
Wrongful death cases can arise from a variety of circumstances, often stemming from preventable accidents or negligent actions. Here are some of the most common causes:
Who Can File a Wrongful Death Lawsuit in NY?
In New York, specific family members have the right to file a wrongful death lawsuit. These individuals are legally recognized as having a financial and emotional stake in the deceased's life and are entitled to pursue compensation for their losses. The individuals who can file include:
- Spouse: The surviving spouse of the deceased has a clear right to file a wrongful death claim.
- Children: The deceased's children, regardless of age, have the right to file.
- Parents: If the deceased had no spouse or children, their parents can file a claim.
- Other Close Relatives: In some cases, other relatives, such as siblings or grandchildren, may be able to file a wrongful death lawsuit.
In New York, the personal representative of the deceased's estate will typically be the one who files the wrongful death lawsuit on behalf of the eligible family members. The personal representative is usually appointed by a court and is responsible for managing the deceased's assets and debts.
Schedule Your Free Consultation Today
Get in touch with our experienced wrongful death attorneys to discuss your case and explore your legal options. We’ll be your skilled and committed legal advocates during this difficult time.
How Much Time Do I Have to File a Wrongful Death Lawsuit in New York?
In New York, you generally have two years from the date of death to file wrongful death lawsuits. However, there are exceptions to this rule, so it's essential to consult with an attorney to determine the specific time limit in your case.
How Much Compensation Can I Get for My Wrongful Death Claim?
The amount of compensation you can receive for a wrongful death claim depends on various factors, including the deceased's age, income, and the nature of the wrongful death. Our attorneys will work diligently to secure the maximum compensation possible for your losses.
What If the Person Who Died Was Not Working?
Even if the deceased was not working, their family may still be entitled to compensation for lost support and other economic losses. For example, if the deceased was a homemaker, their family may be able to recover damages for the value of the services they provided, such as childcare, cooking, and cleaning.
Additionally, the family may be able to claim compensation for the loss of companionship and emotional support that the deceased provided.
What If the Person Who Died Was Living with Me But Was Not My Spouse or Family Member?
In some cases, individuals who were not legally related to the deceased but were financially dependent on them may be able to file a wrongful death claim. This is often referred to as a "wrongful death claim by a dependent." To establish a claim, you must demonstrate that:
- You Were Financially Dependent on the Deceased: This means you relied on the deceased for financial support, such as housing, food, or medical expenses.
- The Deceased Had a Legal Obligation to Provide You with Support: This could be based on a written agreement, a court order, or a common-law relationship.
- The Deceased's Death Has Caused You Financial Losses: You must be able to quantify the financial losses you have suffered as a result of the deceased's death.
Remember: It is crucial to consult with a wrongful death attorney in New York to determine your specific rights and options. They can assess your situation, provide legal advice, and help you navigate the complex legal process.
How Can a Wrongful Death Attorney Help You?
A wrongful death attorney can provide invaluable support and guidance during this difficult time. They can:
- Investigate the Accident or Incident: Gather evidence and determine the cause of death.
- Identify All Potential Parties Responsible: Determine who is liable for the wrongful death.
- Negotiate with Insurance Companies: Obtain a fair settlement for your losses.
- Represent You in Court: Fight for your rights in a wrongful death lawsuit.
Filing a wrongful death claim on your own can be difficult, especially while you’re grieving the loss of your loved one. Let us handle the legal intricacies for you.
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