Wrongful Death Claims in New York
The unexpected and untimely death of a loved one is a painful and challenging experience for the deceased’s family members. That grief is exacerbated when the loss is preventable. A wrongful death may be caused by various incidents and circumstances, including negligence and the deliberate conduct of another party.
What is Wrongful Death?
Wrongful death is defined as the death of a person caused by someone else’s negligence or malicious intent. An individual, a corporation, or a government entity can be deemed partially or entirely responsible and required to pay compensation to the deceased’s grieving family members.
In these civil lawsuits, the plaintiff must prove that someone’s wrongdoing caused a person’s wrongful death and that had that person survived, they would have been entitled to seek compensation for the injuries they sustained. The best wrongful death lawyers consider every detail of your case to ensure you can receive maximum compensation for your losses.
The Following are Types of Wrongful Death Claims:
- Motor vehicle accidents involving a car, truck, bus, motorcycle, off-road vehicle, or bicycle
- Pedestrian accidents
- Workplace accidents
- Construction site accidents
- Medical malpractice
- Defective products
- Daycare or playground accidents
- Nursing home abuse and neglect
Who Can File a Wrongful Death Lawsuit?
Not everyone has the right to sue for wrongful death. Only the legal representative (the person in charge of the decedent’s estate) has the legal right to file a wrongful death lawsuit against the guilty party to receive compensation for their monetary and non-monetary losses.
Typically, Individuals Who Can File a Wrongful Death Lawsuit are as Follows:
- The decedents’ spouse
- The decedents’ children
- The decedents’ parents
- The decedents’ legal representative (handling their estate)
New York has set a statute of limitation for pursuing a wrongful death lawsuit. Families of victims or legal representatives have two years from the date of death to file a lawsuit in the local court. Failure to adhere to the lawsuit’s limitations may jeopardize your chances of receiving damages.
Elements of a Wrongful Death Claim
- There must be proof of the death of a person.
- There must be evidence that another’s wrongful action or negligence caused the death.
- The decedent could have recovered damages if they survived.
- The survivors have monetary and non-monetary losses due to their loved one’s death.
Only on these grounds will the court allow a person to file a wrongful death claim.
How a Wrongful Death Lawyer Can Help
While mourning a loved one, the thought of money is the last thing on anyone’s mind. Unfortunately, no amount of settlement can relieve the pain or loss of a loved one. What the law can do is provide financial recovery to the deceased’s family through compensation for their loss.
Wrongful Death is Tragic. Call a Personal Injury Law Firm that Cares
If your loved one died a wrongful death in New York, you do not have to bear the burden of fighting a legal battle alone. At The Buffalo Injury Law Firm, we take wrongful death cases extremely seriously and understand the sensitivity of such cases. Our wrongful death attorneys realize that sometimes, a lawsuit that results in compensation can provide the closure that your family needs to move on.
Contact the wrongful death attorneys at The Buffalo Injury Law Firm today and ensure the people responsible do not escape being held accountable for their actions. Call us at (716) 646-8412 to speak with a compassionate and knowledgeable wrongful death attorney. Serving clients in Buffalo, Rochester, Erie, and Monroe Counties.