The death of a loved one is never easy to accept. Sadly, the loss is made even more painful when it occurs due to someone else’s negligent or reckless actions. While you are coping with the grief, it may feel impossible to consider taking legal action. But New York has wrongful death laws that can help you get justice for your loved one.
New York law makes clear that individuals or companies that harm others may be held responsible for compensating victims. Injured parties normally pursue a personal injury lawsuit, but this is not possible when the injuries are fatal. If a death occurs, the personal representative of the deceased has two years from the date of the accident to make a wrongful death claim.
There are specific legal requirements for making a wrongful death claim in New York. It is best to speak with an attorney if your loved one has been killed. Scott C. Gottlieb, Injury Law Attorney, has been assisting grieving families with wrongful death lawsuits in New York for more than three decades.
Call us now or contact us online for a FREE claim review and advice about your legal rights in a wrongful death case.
New York Wrongful Death Claims
The New York Estates Powers and Trusts Law requires that a plaintiff in a wrongful death case prove:
- That a death occurred.
- That the death was caused by the defendant’s wrongful conduct.
- That the deceased could have sued the defendant if the injuries were not fatal.
- That the deceased left behind survivors who suffered losses because of the untimely death.
The plaintiff must be the personal representative of the deceased who can pursue the claim and distribute funds as required by law to family members harmed by the death.
Wrongful Death Damages in New York
When an accident results in death, both financial and emotional losses occur. New York has specific rules regarding the types of wrongful death compensation available for the untimely death of the victim.
Compensation may include:
- Payment of medical bills, nursing and other care required to treat the victim prior to his or her death.
- Pain and suffering experienced by the victim before death.
- Funeral expenses.
- The value of support and services that the deceased would have provided to dependents and family members, including the value of parental nurturing and physical care that a parent would have provided to children if the deceased parent had not died.
- Money the deceased would have earned and provided to the family over the course of his or her life had the untimely death not occurred.
The purpose of a wrongful death claim is to compensate the victim’s family for the loss they have suffered as a result of their loved one’s untimely death in a preventable accident. Scott C. Gottlieb, Injury Law Attorney, is ready to help you and your family move forward after a devastating loss.
Plaintiffs in wrongful death cases must prove the extent of the damage, which often requires finding expert witnesses to make an assessment of the money the deceased person would have earned and the value of the support and services provided. We are ready to put together solid evidence to maximize the chances of a full recovery.
Get Help Today from a Wrongful Death Lawyer in Binghamton
If you believe that you may have a wrongful death claim, the best way to know for sure is to contact a knowledgeable attorney for a free consultation. Scott C. Gottlieb, Injury Law Attorney, is ready to review the specifics of your loved one’s accident and advise you about your legal right to compensation.
Call our 24-hour answering service or submit our online contact form now to find out how we can help. The claim review and consultation are free and confidential, with no strings attached.