The death of a loved one comes with many life-changing considerations. How will your family cope with the loss of income? What steps can you take to help children and other loved ones adjust?
No amount of compensation can undo the loss of a family member. However, if the person died due to another person or company’s negligence, then a personal representative can make a wrongful death claim. If successful, surviving family members may recover compensation for lost income, health-care bills, funeral costs, pain and suffering, and other damages.
If you have questions about wrongful death claims, contact Antin, Ehrlich & Epstein, LLP. A New York City accident attorney can evaluate your case and help you navigate the legal system.
Our lawyers have more than seven decades of combined legal experience. Call 917-730-7151 today to schedule a free initial consultation.
Here are the answers to four questions about wrongful death claims in New York:
- What constitutes “wrongful death?”
A wrongful death happens when a person dies due to the negligent, malicious or reckless actions of another person or company. There are no specific limitations on the types of accidents that provide grounds for a wrongful death claim, but common examples include:
- Car crashes;
- Medical malpractice;
- Violent crimes;
- And defective products.
- What is the statute of limitations for wrongful death lawsuits in New York?
Although the death of a loved one comes with a multitude of personal challenges, it is important to consult an injury lawyer as soon as possible. According to NYcourts.gov, the statute of limitations for wrongful death lawsuits in New York is two years from the date of the death. You may not be able to make a claim after the statute of limitations expires.
- Who can make a wrongful death claim?
The personal representative of the deceased will file the wrongful death claim. This is usually an immediate family member such as a child, spouse or parent of the deceased.
- What damages might be available in a wrongful death claim?
Wrongful death cases are legally complex, and a small error can cost you thousands or hurt your chances of making a successful claim. For example, many people do not recover the maximum settlement because they do not claim compensation for all of their losses.
After a wrongful death, the personal representative of the deceased may be able to claim compensation for medical bills, funeral costs, pain and suffering, loss of consortium, lost earnings and other damages.
An injury lawyer can evaluate your case and help you quantify the damages. Your attorney can also help you avoid mistakes such as signing a general release.
If your loved one died due to another person’s negligent or malicious actions, contact Antin, Ehrlich & Epstein, LLP. We have recovered tens of millions of dollars for our clients.
A New York City accident attorney will gather evidence, talk to witnesses, and aggressively fight for the highest possible settlement. Schedule a free consultation today by calling 917-730-7151.