Throughout the course of our lives, it is common to lose loved ones. This is especially true of the older relatives within our families. No matter who the loved one is, it is never easy to experience this type of loss.
However, when the loss occurs without any warning and as a result of another person’s negligence, the devastating effects of that loss on the family of the deceased loved one can be long-lasting. Because you are unable to properly prepare for the loss (as you may be able to if your loved one has been ill for a while), the effects of these situations are often much more difficult and painful.
This unexpected loss is known as wrongful death and can be the result of a variety of different circumstances caused by another person’s carelessness or negligence.
At Gregory Spektor & Associates in Queens, New York, our wrongful death attorneys will help you and your family file a wrongful death lawsuit against the negligent party responsible for the loss of your loved one.
What Is a Wrongful Death?
A wrongful death claim is a legal technique by which the family of an individual killed in an accident or other unexpected circumstance caused by someone else’s negligence or willful disregard for the safety of all those involved can be compensated for the financial hardships resulting from the incident.
In order for a wrongful death lawsuit to be filed, it must first be proven that the events which led to the death would have resulted in a valid personal injury had the victim not been killed. From medical malpractice to car accidents, pedestrian accidents to construction mishaps, and everything in between, many different circumstances can lead to the wrongful death of another person.
At Gregory Spektor & Associates, our experienced New York law firm understands the challenges and stresses associated with the wrongful death of a loved one and will work diligently to get your family the compensation you deserve from your wrongful death lawsuit. While you are grieving your loss, there is no reason that you should also have to face all of the repercussions of that loss without expert legal advice and representation.
Who Is Eligible to File a Wrongful Death Lawsuit?
Families of the deceased can be eligible to file the wrongful death claim as long as it can be proven that the death was caused by the negligence of the defendant. However, the wrongful death lawsuit will be filed in the name of the deceased person’s estate rather than in the name of the family members, so a representative of the estate needs to also be present for the wrongful death claim.
Individuals such as the spouse of a deceased loved one, the parents of a child who was lost in a wrongful death situation, and the children of a deceased parent may all bring a wrongful death claim action on behalf of the deceased. There are complicated situations that end up varying from state to state, such as in the case of parents with adult children who were the victims of a wrongful death situation.
Because wrongful death lawsuits can be very complex and confusing, especially when multiple parties are involved, it is best to allow a professional personal injury attorney such as ours at Gregory Spektor & Associates in New York to handle wrongful death claims from start to finish. This will also help to ensure that the greatest amount of damages will be fought for and hopefully awarded to the deceased loved one’s family.
Types of Damages Awarded in a Wrongful Death Claim
The categories of compensation awarded to the family of a loved one killed in a wrongful death situation may vary from case to case, but the common types of damages awarded in wrongful death claims include:
- Medical treatment costs for the deceased prior to his or her death
- Pain and suffering of the deceased prior to the death – often called a “survival” claim
- Funeral expenses and burial or cremation costs
- Loss of expected income from the deceased individual’s job, especially if he or she was the primary breadwinner for the family
- Potential loss of any inheritance for the survivors resulting from the wrongful death
- Loss of love and companionship
- Loss of care, guidance, and nurturing (especially in the case of a parent to the child)
- Loss of consortium
While not all of these damages may apply to your situation, our experienced New York personal injury lawyer will evaluate your wrongful death case and determine which damages may be possible to fight for, given the circumstances of the accident.
How Are Wrongful Death Claims Filed in New York?
In general, those surviving members of a deceased person’s family will consult with an experienced attorney or law firm in order to file wrongful death lawsuits. They can be very confusing and need to have specific paperwork filed in a timely manner. There are also certain timeframes that must be followed and deadlines met in order to have a chance for the wrongful death claim to actually be heard.
For most wrongful death claims, the statute of limitations for filing in New York is two years. If the wrongful death was caused by medical malpractice, the timeframe is two and a half years. For cases in which a criminal hearing is also applicable, the statute of limitations for the wrongful death claim is one year from the time the criminal case ends.
Of course, your wrongful death attorney will be well aware of these time limitations and will ensure your case is filed promptly to avoid missing the deadlines.
So, the first step in filing a wrongful death action is to find the right attorney for you and your family members. A good lawyer will help you determine how the law for your wrongful death case applies and the best way to handle your situation. The wrongful death attorney will also ensure that any applicable damages are included in the claim.
Your next step is to ensure you have all the proper documentation needed to prove your wrongful death action case. Things such as your deceased loved one’s death certificate must be obtained from the Department of Health. It is also essential that you have any pertinent paperwork connected to the accidents such as police reports, medical reports, medical bills, and other important documents.
Thirdly, there will likely be an open line of communication with the defendant responsible for the wrongful death. His or her attorney, legal team, and/or insurance will probably try to settle out of court before the wrongful death case goes to trial. If the terms are reasonable for you and your family members, the case can end here. If not, the insurance may be trying to devalue your claim, and you may consider taking it to trial instead to fight for maximum compensation.
The final step in death cases is the ultimate recovery of wrongful death damages. Once it has been proven in court by wrongful death attorneys that the person responsible for the incident should be held accountable, the courts may award you the damages it sees fit from the defendant. This will allow you to carry on with the grieving process rather than deal with the financial strain and burden brought by the negligent person.
Contact Our Experienced Personal Injury Attorneys
If one of your immediate family members was killed as a result of someone else’s negligence in incidents such as a car accident, product liability issues, medical malpractice, or other situations, you may be eligible to file a wrongful death suit and get a death settlement. To file this lawsuit and work toward the best possible outcome, it is important to contact experienced attorneys to fight for compensation and justice.
At Gregory Spektor & Associates, we have vast experience and comprehensive knowledge of a variety of different injury practice areas, including wrongful death cases. Our team understands the challenges you and your immediate family members face during this time, and we want to help you be able to focus on your grief rather than financial strain.
Our legal team is happy to provide you a free case evaluation, and we are committed to holding responsible defendants accountable for their illegal actions and recklessness. During our consultation with you, we will give you the legal advice you need to decide how to move forward with your case and are happy to explain the laws in New York concerning wrongful death. Call us today to learn more about the process of filing a wrongful death claim and to find out if you are eligible.
Gregory Spektor & Associates
1 Cross Island Plaza Suite 203C,
Queens, NY 11422
1-800-318-8888
