Wrongful death is a type of personal injury claim in New York. However, these claims have their own rules and regulations, so your family should consider seeking help from an experienced and knowledgeable Westbury wrongful death lawyer after the loss of a loved one.
The legal team at Levine And Wiss can immediately tell you more about these claims and assess your family’s legal situation. We have over 100 years of combined experience and can offer the compassionate support your family deserves.
Wrongful Death and Personal Injury Claims
Wrongful death claims are a subset of personal injury claims. They follow some of the same basic rules, but also have their own distinct characteristics in New York. These distinctions include:
Who Can File a Claim
An injured party can file a personal injury claim. New York requires a personal representative (or “executor”) for the deceased to file a wrongful death lawsuit. The deceased could name a representative in their will, or the court can assign someone to this role if no will exists.
Who Receives Damages
The injury victim can directly recover damages after an accident caused by someone else’s negligence. For wrongful death claims, damages go to the surviving family members and dependents of the deceased.
The Types of Damages Available
Personal injury lawsuits typically allow injury victims to get compensation for their medical expenses, lost wages, pain and suffering, and emotional distress. Filing a wrongful death lawsuit may allow your family to recover funds to cover:
- Burial and funeral expenses
- Lost financial support
- Lost parental guidance, care, and nurturing
- Lost household services
An attorney from our team at Levine And Wiss can tell you more about wrongful death claims and how they connect to personal injury claims.
Personal Injury and Wrongful Death Accidents Have the Same Causes
Accidents that result in injuries and death often happen in the same locations and for the same reasons throughout New York. The legal team at Levine And Wiss can provide dedicated help after fatal:
- Car Accidents: Fatal auto accidents can happen anywhere in our state, but many happen on busy highways like the Long Island Expressway or the Taconic State Parkway. An attorney can help after a fatal crash.
- Truck Accidents: Collisions with large commercial vehicles often have fatal results. Your family deserves professional help after a crash involving an 18-wheeler, semi-truck, or tractor-trailer.
- Construction Accidents: You may have a chance to file a wrongful death lawsuit after a fatal accident on a construction site if your attorney can show that a third party caused the accident.
- Slip and Fall Accidents: Fall accidents can have fatal results, especially for older adults. In fact, falls are among the most common causes of preventable injury-related death.
You can get professional help immediately after a fatal accident. A compassionate attorney can review your family’s situation and help you understand the steps you need to take, regardless of where or how a fatal accident happened.
Frequently Asked Questions About Wrongful Death Claims
The legal team at Levine And Wiss can answer questions like “Is wrongful death a personal injury?” We can also give you the answers you need if you are wondering:
Can My Family File a Wrongful Death Lawsuit?
Your family may have a chance to file a lawsuit if you lost a loved one in an accident caused by neglect, default, or a wrongful act. Per N.Y. EPTL § 5-4.1(1), you can only file a lawsuit if your loved one could have filed a personal injury lawsuit if they survived.
How Long Do I Have to File a Wrongful Death Lawsuit?
In most cases, you have two years to file a lawsuit after the death of a loved one, per N.Y. EPTL § 5-4.1(1). However, this deadline can vary for cases involving medical malpractice, government entities, or criminal charges.
Where Will I Need to File a Wrongful Death Lawsuit?
You will typically need to file a wrongful death lawsuit in the New York State Supreme Court. Generally, your lawyer will file the lawsuit in the court closest to where the defendant lives or where the fatal accident happened.
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Get the Help You Need After a Fatal Accident in New York
Wrongful death claims are a type of personal injury claim, though they have many important legal differences. Our legal team at Levine And Wiss can provide you with the assistance you need to handle these claims after the loss of a loved one.
We have extensive experience and have secured hundreds of millions in damages for clients who turned to us for help. You can review our case results to see specific examples of our work, though past successes do not guarantee the results of future claims.
Reach out to us now to learn more during a free initial consultation.
