Wrongful death occurs when negligence causes a fatality. Fatal car accidents, slip-and-fall accidents, work-related accidents, and product defect accidents in New York are often the result of wrongful death because someone was negligent, causing the accident that led to the fatality.
Unlike murder or manslaughter, wrongful death is a civil charge and comes with monetary penalties for the accused. As long as a family member of the deceased can prove someone was negligent in causing their loved one’s death, then the family member who filed the claim can receive economic and non-economic damages for their loss.
Who Can File a Wrongful Death Claim?
Every state has different policies on who can file a wrongful death claim. New York limits the relatives who can file wrongful death claims because it simplifies the court process and keeps distant relatives and friends from seeking compensation.
You can file a wrongful death claim in New York if you’re the decedent’s spouse, child, parent, or a representative of their estate.
Time Limit on Filing a Wrongful Death Claim
To receive a settlement for your loved one’s death, you must file your claim within two years of the fatality. If you wait until after the two-year time frame, you may lose your eligibility to file and the court may throw out your case.
Because it takes time to gather evidence and prove negligence in a wrongful death case, you should hire a New York wrongful death lawyer from a reputable firm like Greenstein & Milbauer, LLP as soon as possible.
Recoverable Damages in New York Wrongful Death Cases
With the support of a strong legal team, you can prove negligence and get the most out of your claim. To maximize your settlement, you’ll want to consider all the ways your loved one’s death affected you and your family’s life.
Economic damages may include funeral expenses and lost income. Non-economic damages may include pain and suffering, loss of consortium, loss of enjoyment of life, and emotional distress.
Death is a difficult part of life to accept and it can be even more difficult to grieve when you know someone else is responsible for the accident that ended your loved one’s life. Wrongful death claims allow family members to recover more easily by relieving financial stress and offering closure. When justice is served, the door of the past can close and a new door to the future can open.