If your loved one died at the hands of someone else, whether intentionally or inadvertently, you may have grounds for a wrongful death claim. After evaluating the circumstances surrounding the death, a compassionate attorney can help your family determine the best way to proceed. In the meantime, here are the answers to some more general questions on filing a claim in New York.
New York Wrongful Death FAQ
What constitutes wrongful death?
Generally speaking, a wrongful death is one that occurred due to the defendant’s actions (or lack thereof). As long as the liable party could have prevented the death by exercising a reasonable measure of care, surviving family members should have grounds for a claim.
Who may file a wrongful death suit?
In New York, wrongful death claims must be brought by the personal representative of the deceased’s estate. If the victim did not name an executor in his or her will — or did not leave a will at all — this individual will be appointed by the probate court.
What kinds of damages are recoverable by filing a wrongful death claim?
When a wrongful death claim is successful, eligible beneficiaries are entitled to compensation for funeral and burial expenses and medical expenses that the victim incurred prior to passing. Surviving dependents may also seek funds for lost income and benefits, loss of support and services, and loss of anticipated inheritances. Additionally, children who lose their parents may recover compensation for the care and guidance they lost. When estimating non-economic damages, the family may also consider the pain and suffering the deceased endured.
What are the filing deadlines for wrongful death suits?
In New York, the standard statute of limitations for wrongful death lawsuits is two years. If you have grounds for a claim against a government entity, though, you must submit notice within just 90 days and then take legal action within one year and 90 days.
To discuss a loss with a strategic wrongful death lawyer, turn to Steven P. Ciardiello Esq, PC. With an office in Hamden, CT, this knowledgeable attorney has more than three decades of experience in the legal field and is licensed to practice in both Connecticut and New York. Steven P. Ciardiello is committed to advocating for innocent accident victims and their loved ones and is well-versed in motor-vehicle collisions, dog bites, work accidents, and other scenarios. To request a consultation, call (203) 248-8000. Learn about his areas of practice on his website.