There is nothing more tragic than unfairly and suddenly losing a family member. If you recently lost a loved one and believe another party should be held responsible, there is a good chance you can recover financial compensation. Please read on to learn more about your legal options going forward:
What constitutes a wrongful death?
Wrongful death is when a person dies as a result of another party’s negligence or misconduct. Wrongful deaths occur in automobile accidents, product malfunctions, medical malpractice incidents, and more. However, for a loss to classify as wrongful death in New York State, it must meet the following criteria:
- There was a death
- The death was caused by another party’s negligence
- If the injured party had lived, the action against them would be considered illegal
- The deceased individual left behind a family who suffered a significant financial loss due to their loved one’s death
- The grieving party is entitled to compensation
How can I recover financial compensation following a wrongful death?
Families are very often left to pick up the pieces when a loved one dies suddenly. They are forced to cover overwhelming financial costs, which is why they very often seek compensation to help ease some of the financial burdens. However, to recover financial compensation, you must first prove that you lost your loved one due to another party’s negligence. This is not always easy, both emotionally and physically, which is why you should hire an experienced attorney who can fight for the compensation you deserve. This compensation can help cover the cost of the following:
- Medical bills
- Health care expenses
- Funeral costs
- Lost wages and benefits
- Support and services provided by the deceased
- Lost inheritance for any surviving children
- 9% interest on the recovery awarded, starting at the date of the death
However, you should know that New York does not allow survivors to recover damages for their emotional trauma, under any circumstances.
What is the statute of limitations in New York State?
A statute of limitations gives individuals a deadline to pursue legal action for personal injuries or wrongful deaths. Generally, the surviving spouse or domestic partner will file these claims. However, children, parents, or siblings may also file wrongful death claims. In New York. the statute of limitations to file a personal injury claim is three years from the date of the death. Failing to pursue legal action in this time may result in you losing out on the compensation you deserve.
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Contact our experienced New York City firm
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.