Steps for Filing a Wrongful Death Claim in New York

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Steps for Filing a Wrongful Death Claim in New York

It goes without saying that we hope you’d never have to file a wrongful death claim on behalf of a family member who succumbed suddenly. Unfortunately, accidents happen, sometimes resulting from preventable factors or even negligence.

Steps for Filing Wrongful Death Claim

In those circumstances, it helps to know how to achieve justice through the New York civil system. Here are the steps for doing that.

Seek Legal Counsel ASAP

All wrongful death claims require legal sponsorship if you want a realistic chance of success. By their nature, these events occur unexpectedly, so it pays to have a dedicated professional on your side amid the chaotic aftermath of losing a loved one this way.

Learn What Defines a Wrongful Death Scenario

It helps to know what constitutes a wrongful death. This happens when a person dies because of negligence or recklessness, creating a situation where their survivors suffer economic losses.

What are some examples of wrongful deaths brought about by negligence? They include (but are not limited to) car accidents, medical malpractice, construction accidents, nursing home abuse, violence, and slip and fall accidents (premises liability).

Determine Who Files the Wrongful Death Claim

Who may file a wrongful death claim? New York is a little different from other states. In most jurisdictions, any surviving family member (usually spouse or children) can file the claim. Our state limits this to only the personal representative for the deceased’s estate, who is indicated in the Last Will and Testament.

If, however, there is no such person (because they died without a Will), then other family members can petition the court to serve in this role. This would grant them the right to file a claim.

Find out Which Damages You Can Recover

Which damages can you recover in a wrongful death claim? If successful, the court may award you recompense for medical bills, lost wages, pain and suffering, funeral/burial expenses, and loss of support or consortium.

Whenever the court deems that the wrongful death resulted from “gross negligence,” then the violator may also face punitive damages.

Know the Deadlines in New York

Don’t forget that there is a statute of limitations on this in New York. For wrongful death cases, you have two years to file a claim.

If you have further questions about this process, then feel free to ask one of our experienced representatives. The first part about seeking professional assistance is arguably the most important. Otherwise, it’s almost impossible to navigate a wrongful death claim alone.

Gruenberg Kelly Della offers top-notch legal counsel in many areas of personal injury law, including wrongful death, car accidents, medical malpractice, and nursing home abuse. We can handle every possibility, so you know you can rely on us for comprehensive defense even if your case goes to court. You can learn more about wrongful death claims or any of our other services by calling 631-737-4110 or filling out the form below.