Losing someone you love to an accident is a very painful experience. Figuring out what you should do next to reconcile the events that took your family member with the fact that they are gone can be exhausting. If you are struggling with this, you need to know what a wrongful death lawsuit is and how it can help you obtain some closure.
If you want the party responsible for the death of your loved one to be held accountable and fight for the monetary compensation you are entitled to, a compassionate Long Island wrongful death lawyer with Levine And Wiss, is here to help.
Compensation from a wrongful death claim will not bring your loved one back, but it could make the lives of you and your family a little easier and bring some much-needed relief to you all. A dedicated Long Island personal injury lawyer at our firm will be available 24/7.
We understand how difficult this time is for you and your family, so do not hesitate to contact us and schedule your free consultation today.
Everything You Should Know About New York Wrongful Death Lawsuits
Many people die every day for countless different reasons. The majority of deaths occur because of underlying health issues that a person may have. The Centers for Disease Control and Prevention (CDC) even lists heart disease and cancer as the two leading causes of death in the United States. In many cases, however, a person’s death can occur because of another person’s negligence.
A death that occurs because of negligence is sad and unfortunate, especially for the loved ones left behind. Not only do they lose a family member, but they are also left to pick up the pieces and fill the void left behind by the victim physically, emotionally, and financially.
The last thing on your mind might be whether to start a lawsuit, but when negligence causes someone’s death, it implies the death did not need to occur, that someone did something (or failed to do something) to cause or hasten it, and that person should be held accountable to the fullest extent of the law. Call our legal team today to find out how we can help.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action against someone who has caused a person’s death by negligence. Wrongful death lawsuits allow the estate of the deceased person to file an action against the person or entity responsible for the wrongful death. Under New York laws, per N.Y. Est. Powers & Trusts Law §5-4.1, filing a wrongful death lawsuit requires the following:
- Someone’s death
- Wrongful conduct or negligence of another caused the death
- The wrongful conduct or negligence could have been the subject of a lawsuit where the victim could have recovered damages if they did not die
- There are survivors who suffered damages because of the death
If these factors are present, a wrongful death action may be filed, as long as it is within two years of the date of death. This is because the statute of limitations for wrongful death actions is generally two years from the decedent’s death Less if due to the fault of a municipal entity. If you are not sure how much longer you have to file suit, contact your wrongful death lawyer on Long Island with Levine and Wiss, PLLC to find out.
Who Can File a Wrongful Death Lawsuit?
The wrongful death laws in the United States can differ from one state to another. However, in New York, wrongful death lawsuits are filed by a representative of the deceased person’s estate or surviving family members per the personal injury statute of limitations under New York Civil Practice Laws & Rules §214.
If you live in New York, the personal representative of the decedent’s estate has the responsibility to file the wrongful death lawsuit, though damages will be awarded to beneficiaries and the decedent’s surviving family members.
Under What Circumstances Can You File a Wrongful Death Lawsuit?
There is no exclusive list of incidents that can give rise to wrongful death lawsuits. Everything you watch on the news could be a potential source of wrongful death lawsuits. The following are just some examples of the common situations that can cause death and may require the support of an empathetic wrongful death attorney on Long Island:
- Medical malpractice
- Car accidents
- Airplane crashes
- Boat accidents
- Workplace accidents
- Truck accidents
- Motorcycle accidents
- Defective product fatalities
- Construction accidents
- Animal attacks and dog bites
As you can see, wrongful death actions can come about due to many different reasons. If your case has the core elements of a civil claim, you may have a civil lawsuit on your hands. For this reason, we strongly encourage surviving family members to reach out to a wrongful death attorney at our firm right away.
Damages that Can Be Recovered in a Wrongful Death Lawsuit
At the heart of every wrongful death lawsuit is the goal of securing damages for the loved ones left behind. In any wrongful death action, the pecuniary or financial injury suffered due to the death of the person is the primary measure of damages.
Courts consider some of the following when determining the amount of compensation to award to the surviving family:
- Funeral expenses
- The value of support and services the deceased provided
- The value of parental care and guidance to surviving children
- Wages and benefits lost between the deceased person’s final injury or illness and death
- Other health care expenses from the deceased person’s final injury or illness
- Pain and suffering endured by the deceased due to the final injury or illness
Contact a Top-Rated Wrongful Death Attorney Today for a Free Case Evaluation
If someone you know and love has recently been a victim of wrongful death in the family, contacting the right Long Island wrongful death law firm to handle your case is an important first step. Wrongful death cases can be quite complicated. At Levine And Wiss,, our wrongful death team has the experience and dedication to fight for your legal rights.
We also have the compassion and experience to do so while making things a bit easier for you and your family. While filing a wrongful death lawsuit will not bring your loved one back, it is a positive step toward getting the justice you deserve. It can also make a world of difference in helping stabilize the financial future of you and your family.
Contact a reputable Long Island wrongful death attorney at our firm today and let us help you obtain the compensation you and your family deserve.
