Did you lose a loved one due to preventable circumstances? From negligence to recklessness and everything in between, wrongful death cases arise when someone’s actions—or lack thereof—cause the death of another person.
As you already know, the surviving friends and families of those who lose their lives due to neglectful or reckless behavior have no choice but to grieve the person they lost. However, as emotionally taxing as this situation is, a Farmingdale personal injury lawyer can help.
At Levine And Wiss, our attorneys have over 100 years of combined experience recovering hundreds of millions in compensation. We’ve helped thousands of clients in situations just like yours. You can count on us to advocate for your rights as your wrongful death lawyer in Farmingdale.
What Constitutes Wrongful Death in New York
New York law defines wrongful death as a death caused by the wrongful act, neglect, or default of another person. In other words, if the deceased could have pursued a personal injury lawsuit had they survived, their representatives can take legal action on their behalf.
This includes fatalities from motor vehicle accidents, workplace incidents, medical malpractice, dangerous premises, or criminal actions. For example, let’s say a driver runs a red light and collides with another vehicle, killing its occupant.
In that case, a surviving family may have grounds for a wrongful death claim. Similarly, if a doctor fails to diagnose a condition that another competent physician reasonably would have identified, and the patient dies, those circumstances may also qualify.
Who Can File a Wrongful Death Claim?
Unlike some states where any close relative may bring a wrongful death claim, New York restricts this right to the personal representative of the deceased person’s estate.
This means that the executor named in a will or an administrator appointed by the court has the legal authority to file the lawsuit. While the representative initiates the claim, the damages recovered are intended to benefit surviving family members.
This structure is how the state makes sure only one coordinated lawsuit is filed on behalf of all eligible survivors. In turn, this prevents multiple competing claims.
Farmingdale Wrongful Death Lawyer Near Me
(888) 468-4878Damages Recoverable in Wrongful Death Cases
New York law specifies the types of damages that may be recovered in wrongful death claims, which differ somewhat from other states. The focus is on the economic losses suffered by the surviving family rather than compensation for grief or emotional suffering.
These are examples of damages often recoverable in wrongful death cases:
- Funeral and burial expenses
- Medical costs related to the final illness or injury
- Loss of financial support that the deceased would have provided to their dependents
- Loss of services and parental guidance to surviving children
- Conscious pain and suffering experienced by the deceased prior to death
Because New York does not allow survivors to recover damages for their own emotional distress or loss of companionship, claims are often heavily based on calculating the economic value of the decedent’s life.
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Time Limits for Filing a Wrongful Death Claim
Families considering a wrongful death claim must be aware of New York’s statute of limitations. In many cases, wrongful death actions must be filed within two years of the day the deceased party passed away.
If you do not take legal action in time, you’ll run the risk of your claim being dismissed regardless of its merits. That said, there are some exceptions. For example, let’s say someone died as a result of medical malpractice.
With that in mind, certain procedural rules may affect the amount of time you have to file a claim under those circumstances. Additionally, if the defendant is a government entity, a notice of claim must be filed within 90 days of the incident before the lawsuit can proceed.
Determining Liability in Wrongful Death Cases
Establishing liability requires demonstrating that the defendant owed the deceased a duty of care, breached that duty, and caused the fatal injury. For example, a motorist has a duty to obey traffic laws, and failure to do so may establish negligence.
Similarly, doctors have a duty to meet accepted medical standards, and deviation from those standards may result in liability. In some cases, multiple parties may share responsibility. For instance, let’s say unsafe policies contributed to a fatal accident.
In that case, the trucking company may be liable alongside a negligent driver. In Farmingdale, complex wrongful death cases often involve professional testimony, accident reconstruction, and medical evidence to establish these points.
Call Our Farmingdale Wrongful Death Law Firm ASAP
The experience of losing a loved one as a direct result of someone else’s negligence is dizzying, exhausting, and overwhelming. At Levine And Wiss, we understand how distressing it can be to lose someone you cared about in such a preventable and sudden way, but you’re not alone.
While we can’t go back in time and stop the event that took your loved one from happening, we are here to seek justice on behalf of the deceased party. When you contact our wrongful death law firm in Farmingdale, we’ll walk you through the legal process and tell you what to expect.
The grief that follows a wrongful death can feel unbearable, but we hope to alleviate some of your stress and provide you with hope in the face of such a bleak time. The sooner you contact our Farmingdale wrongful death lawyers, the sooner we can start looking into your case.