Losing a loved one is always a traumatic experience. In addition to the emotional hardship, an unexpected death can threaten a family’s financial security if the victim was a primary source of income.
Although no amount of compensation can undo such a tragedy, a wrongful death lawsuit may help your family maintain financial stability.
It may seem impossible to focus on administrative and legal tasks in the aftermath of a loved one’s death, but it is important that you take legal action as soon as possible. Over time, evidence may become unavailable, or witnesses might relocate or change their contact information. In New York, there is a statute of limitations of two years for wrongful death cases, meaning that if you do not make your claim within two years of your family member’s death, then it is unlikely that the court will hear your case.
If you lost a loved one due to wrongful death, contact Antin, Ehrlich & Epstein, LLP. A New York City accident attorney will handle the legal aspects of your case so you can focus on your personal well-being.
Our injury lawyers have more than seven decades of combined legal experience. Call 212-221-5999 today to schedule a free initial consultation.
Read on to learn four steps you should take after the wrongful death of a family member:
- Identify the Family Representative
Most people name a personal representative in their wills prior to their death. However, in the case of an untimely or accidental death, the victim may not have created a will. Only the family representative can file a wrongful death claim, and it is important to identify who this is if the deceased did not name someone specifically.
If the deceased did not appoint a representative of the estate, then the court will likely approve a close family member.
- Collect Evidence and Records
According to the Centers for Disease Control and Prevention, there are privacy laws that restrict who can access records pertaining to a deceased individual. In order to make a successful wrongful death claim, the personal representative or injury lawyer must collect certain evidence and records about the deceased such as:
- Death Certificate
- Incident Reports
- Office of the Medical Investigator Findings and Report
- Know the Statute of Limitations
There is a limit in the amount of time the personal representative has to file a wrongful death claim. According to New York Courts, the representative must file the claim within two years from the date of the death.
- Contact an Injury Lawyer
An injury lawyer can guide you through the claims process. Your attorney can help you avoid mistakes such as overlooking certain damages or accepting a low settlement.
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 fight for the highest possible settlement on your behalf. Schedule a free consultation today by calling 212-221-5999.