Recovering Compensation After the Loss of a Loved One
The unexpected death of a loved one is a tragedy that no one can prepare for; when it is the result of someone else’s negligence or wrongdoing, the loss can be unbearable. At Injured914, we understand that no amount of money can make your family whole again.
Our attorneys know that the pain is unparalleled when something goes wrong, that causes a loved one’s death. We are here to help you and your family get through this difficult time. We will fight hard to get the justice your loved one deserves and the compensation you may be entitled to recover. Our White Plains wrongful death lawyers have recovered millions for our clients and will not rest until you get the maximum recovery available in your case.
Who Can Bring a Wrongful Death Suit in New York?
Who Can Bring a Wrongful Death Suit in New York?Under the Consolidated Laws of New York: Estates, Powers & Trusts Section 5-4.1, a personal representative may bring a claim for “wrongful act, neglect or default which caused the decedent’s death.” Damages can be recovered by next of kin, including the decedent’s spouse, children, and parents.
What Are the Requirements for a White Plains Wrongful Death Claim?
In New York, there are several elements that must be met to file a wrongful death claim. The personal representative for the decedent’s estate must show that:
- The death of the decedent was
- caused by the wrongful act, neglect or default of another,
- who would have been liable to the decedent for the act if it had not caused death,
- and that the decedent is survived by persons who suffered losses
- with recoverable damages.
What Kinds of Damages Can Be Recovered in a Wrongful Death Claim?
According to New York Estates, Powers & Trusts Section 11-3.3 recovery is “limited to those accruing before death and shall not include damages for or by reason of death, except that the reasonable funeral expenses of the decedent, paid by the estate or for the payment of which the estate is responsible.”
- Medical expenses
- Funeral costs
- Lost wages
- Pain and suffering of the deceased
New York law prohibits family members from recovering damages based on their own pain and suffering. Damages are limited to “fair and just compensation for the pecuniary injuries resulting from the decedent’s death,” as outlined in Section 5-4.3.
What Is the Statute of Limitations for a Wrongful Death Lawsuit?
Under Estates, Powers & Trusts Section 5-4.1, a lawsuit must be commenced within two years after the decedent’s death. There are exceptions for a decedent whose death was caused by the terrorist attacks of September 11th and where there is a criminal action against the same defendant.
Denlea & Carton Is Here to Help
At Injured914, we are here to help you and your family navigate the challenge of losing a loved one. We are committed to providing our clients with the compassion and attention they deserve, are and will always fight to get the largest recovery available in your case. Our White Plains wrongful death lawyers are experienced trial attorneys who are staunch advocates for victims of negligence and wrongdoing. Let us help you understand the legal process and start your claim today.
Contact our offices at (914) 368-7168 for a free consultation.
