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New York Wrongful Death Statute
The unexpected death of a loved one can cause a great deal of mental anguish. In addition, the family is left with the burden of having to cover medical and funeral expenses. Understandably, it is often difficult for outsiders to truly comprehend all that immediate family members may be dealing with after losing a loved one unexpectedly.
If you and your family are dealing with the unexpected loss of a loved one due to someone else’s negligence, our attorneys can review your New York wrongful death case carefully and provide options for pursuing compensation.
Please contact Hill & Moin today at (212) 668-6000. We will be able to tell you how the New York wrongful death statute may apply to your case. And when you work with us, it’s like having a lawyer in the family.
What Does the Term “Wrongful Death” Mean in New York?
New York law states that wrongful death occurs when there has been “a wrongful act, neglect or default which caused the decedent’s death” performed by a party “who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued.”
Put simply, when the actions or negligence of someone causes a person’s death, and compensation for damages could have been pursued if he or she survived, the case is considered to be one of wrongful death.
The liable party could be an individual or entity such as a company, county, or municipality. A New York wrongful death can result from a car accident, a work-related injury, faulty products, medical malpractice, or acts of violence.
How the Statute of Limitations May Affect Your Case
The time period during which the law allows victims to file a lawsuit or claim is known as the statute of limitations. Each state has its own for wrongful death claims. The time allotted for filing a wrongful death claim might be different from the time allowed for other local personal injury cases in general.
Additionally, in many personal injury cases in New York, the injured person is the one who initiates a claim against the responsible party. However, in a case of a wrongful death, the injured person has died. So who would be responsible for initiating a wrongful death claim to get compensation? In New York, only the personal representative of the decedent’s estate can file a wrongful death claim.
In New York, there are several factors that could affect the statute of limitations for a wrongful death case. Some of these include the following situations:
- When there is a criminal case pending against the responsible party
- When medical malpractice caused the wrongful death
- When the negligence of a municipality resulted in the wrongful death
Of course, there are many additional factors that affect the statute of limitations for a wrongful death claim in New York. This is why it is vital to speak with a lawyer who is familiar with New York wrongful death cases before doing anything yourself. The attorney can look at the facts of your case and provide options for you to pursue compensation.
How Our New York Wrongful Death Attorneys Can Help With Your Case
Losing a loved one unexpectedly due to the actions of another party can cause close family members to feel cheated. Although there is no way to truly compensate for the loss, a New York wrongful death lawsuit can help grieving families achieve a measure of justice, recover emotional damages, and receive financial support.
However, the process of pursuing a New York wrongful death lawsuit can be confusing. In addition to the statute of limitations imposed, there may be limited time for other essential phases of the legal process, such as when the death occurred due to a car accident or while the victim was on the job. If the insurance or work comp deadlines are not met, there is a risk of losing your case.
A highly experienced law firm such as Hill & Moin will know how to proceed with your claim. Learn what our wrongful death attorneys can do for you. Contact us today at (212) 668-6000 for a free consultation with an attorney to learn about your Personal Injury Recovery SolutionsⓇ.
Don’t wonder about your rights!