Wrongful Death Attorneys in Kings County, NY

The loss of a family member not only brings about emotional struggle but also a myriad of financial hurdles. When a loved one’s passing is a result of someone’s negligence, those left behind have the right to seek compensation through a wrongful death lawsuit.

Our experienced Kings County wrongful death lawyers are here to guide you through the legal process and offer compassionate support. Don’t hesitate to share your story with us, and we will guide you on the optimal course for your claim. Call us today at (212) 668-6000 or contact us online for a free consultation.

The Importance of Timely Action in Wrongful Death Claims

In the state of New York, taking timely action is crucial for pursuing justice in wrongful death claims. Understanding the legal framework, including statutes of limitations and comparative negligence laws, becomes paramount.

Wrongful Death Statute of Limitations in New York

One of the primary factors emphasizing the importance of prompt action in wrongful death claims is the statute of limitations. In all states, there is a specific timeframe within which a lawsuit must be filed. In New York, the statute of limitations for wrongful death cases is two years from the date of the person’s death. Failing to initiate legal proceedings within this window will most likely lead to the forfeiture of the right to seek compensation.

The clock starts ticking from the moment of the incident that led to the person’s death, making it imperative for affected families to consult with experienced attorneys promptly. Seeking legal advice early ensures that all necessary evidence is preserved, witnesses are accessible, and the case can be built effectively within the stipulated time frame.

New York’s Comparative Negligence Law

The state of New York follows a comparative negligence system. In simple terms, this means that if the decedent contributed to the accident in any way, the compensation awarded may be adjusted based on the level of their fault. This is an important point to consider for maximizing the compensation recovered in a wrongful death case.

Acting promptly allows a wrongful death attorney to thoroughly investigate the circumstances surrounding the incident, identify liable parties, and build a strong case. Waiting too long may result in the loss of critical evidence and witnesses, potentially weakening the overall claim.

As a short conclusion here, the importance of timely action in wrongful death claims cannot be overstated. By being aware of New York’s statutes of limitations and comparative negligence laws, grieving families can take the necessary steps to protect their rights and seek the compensation they deserve during such challenging times. Consulting a Kings County wrongful death lawyer at Hill & Moin LLP ensures a comprehensive understanding of the legal nuances, a strategic approach to securing justice for the loss of a loved one, and maximum compensation for any damages relating to your loved one’s death.

Who Can File a Wrongful Death Claim in Kings County, NY?

In Kings County and the other boroughs of New York City, the eligibility to file a wrongful death claim is stipulated by specific criteria, primarily centering around the relationship of the claimant to the deceased individual. Generally, immediate family members, including children, spouses, and parents, have the right to initiate a wrongful death lawsuit, dependent on the surviving family composition.

According to New York Senate Section §4-1.1, those entitled to file a wrongful death claim are the decedent’s children, parents, spouse, or a representative of the estate. Children who have not reached 18 years of age may appoint a guardian ad litem in court to safeguard their interests during legal proceedings.

Notably, siblings and cousins typically lack the standing to bring forth a wrongful death lawsuit unless expressly named as the guardian or personal representative of the deceased. New York law prioritizes spouses and children in wrongful death cases, establishing specific scenarios for compensation distribution. The two-year statute of limitations is a crucial aspect, mandating that the lawsuit must be filed within two years of the individual’s demise.

In instances where there is no surviving spouse, parent, or child, another blood relative, such as a sibling, may potentially bring the claim if named as the personal or court-appointed representative. Additionally, the damages awarded in a wrongful death claim, though pursued by the deceased’s personal representative, may be distributed according to the deceased’s will or, in the absence of a will, in accordance with New York intestacy laws, which prioritize surviving family members.

Damages Available in Kings County NY Wrongful Death Cases

In Kings County and the other boroughs of New York City, wrongful death cases involve a comprehensive evaluation of damages, encompassing economic, non-economic, and at times, punitive elements.

Economic Damages

These reflect financial losses incurred due to the decedent’s death. They can include medical bills, cremation, expenses, funeral expenses, and compensation for the broader financial impact on the family. This extends to loss of earnings, benefits, and inheritance, particularly impactful when the deceased was a primary provider.

Non-economic Damages

This category of damages acknowledges the emotional toll on surviving family members, covering aspects such as loss of love, companionship, guidance, advice, and the mental pain suffered. While New York doesn’t allow non-economic damages for family members specifically in wrongful death claims, economic damages play a crucial role in addressing the financial aftermath.

Punitive Damages

Although punitive damages are a rarity in New York City wrongful death cases, they may be awarded in egregious cases, serving as additional punishment for gross negligence or intentional actions. Determining the need for punitive damages involves proving a conscious disregard for others’ safety, life, or rights, with the court deciding their necessity and amount based on the severity of actions and their impact.

Filing a wrongful death lawsuit in Kings County requires the involvement of the personal representative of the decedent’s estate. Calculating damages involves meticulous presentation, considering factors like financial dependence, the relationship with the decedent, and future earnings. Financial dependence is particularly relevant when the decedent was a significant contributor to household income. The intricate process of calculating future earnings often involves experts in salaries and earnings, considering factors like expected wage increases and promotions.

Finally, comparative fault considerations may reduce the damage award if the decedent or other parties share fault for the incident. The present value of lost earnings is factored in, and distributions are guided by the decedent’s will or intestate distribution laws. Collaborating with experienced wrongful death lawyers becomes pivotal in navigating this intricate landscape, ensuring comprehensive representation and a thorough understanding of the damages legally recoverable in Kings County, NY.

Hill & Moin LLP – Kings County NY Attorneys Who Care

Choose Hill & Moin LLP as your ally in navigating the complexities of a wrongful death lawsuit. We always treat our clients like family; our law firm offers not just legal expertise but genuine compassion. Our Kings County personal injury attorneys handle wrongful death and personal injury cases on a contingency fee basis; if we do not obtain compensation for you, you owe us nothing. We also serve Manhattan, Queens, Staten Island, and the Bronx.

Whether you’ve lost a loved one in a car accident, construction accident, medical malpractice, or other tragic accident, you don’t have to face this challenging time alone! Call us at (212) 668-6000 to learn more about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights. We are here for you!