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NEW YORK WRONGFUL DEATH

If you have lost a loved one due to the negligence of another individual, organization, or company, then you may be able to recover damages by bringing a wrongful death lawsuit in New York. As an unfortunate example, if your husband dies as a result of a horrific car accident caused by another’s negligence, then you may be able to bring a wrongful death lawsuit. Presenting the best case possible in court for a wrongful death lawsuit is of the utmost importance when attempting to recover compensation for the loss of a loved one due to another’s negligence. As such, it is highly recommended that you consult a New York wrongful death attorney before going through a wrongful death lawsuit.

Why Hire A New York Wrongful Death Lawyer?

As one of the most emotionally draining experiences of a person’s life is when they lose a loved one, it is not recommended that you enter a wrongful death lawsuit without the help of a New York wrongful death lawyer. When going through such a time, attempting to deal with and understand the complex system of wrongful death lawsuits in New York can be overwhelming and time consuming. To avoid such a burden, it is important that you obtain the help of legal counsel to aid in your case. Hiring a New York wrongful death lawyer will equip you with someone that understands the complexities of bringing a wrongful death lawsuit in New York.

Statute Of Limitations For New York Wrongful Death Claims

To bring a valid wrongful death lawsuit in New York, one must ensure that he or she files the suit within the specific time frame provided by state law. This time frame is referred to as the statute of limitations. In New York, the applicable statute of limitations is two years from the date of the deceased’s death.

If you are having issues determining whether you still have time to bring a wrongful death lawsuit prior to the expiration of the statute of limitations, you should consult a New York wrongful death lawyer.

Kinds Of Wrongful Death Lawsuits In New York

In New York, the following types of negligence cases can lead to a wrongful death lawsuit (non-exhaustive):

  1. Automobile accidents
  2. Medical malpractice
  3. Construction accidents

If you are curious about whether your case may qualify for recovery of wrongful death damages, it is highly recommended that you consult a New York wrongful death lawyer.

Who Can File For And Recover Wrongful Death Damages In New York?

In New York, anyone who would be a beneficiary if the deceased had died intestate (without a will) may file for and recover wrongful death damages. This typically includes the following people:

  • Victim’s spouse
  • Victim’s children
  • Victim’s parents

For a more comprehensive explanation of who can file for or recover wrongful death damages in New York, it is highly recommended that you consult a New York wrongful death lawyer.

Compensation Recoverable In A New York Wrongful Death Lawsuit

Damages awarded to a plaintiff in New York in a wrongful death lawsuit must be “fair and just” compensation for the pecuniary injuries resulting from the deceased’s death. These pecuniary injuries include:

  • Lost earnings that the deceased would have provided the family
  • The value of the lost household services that the deceased would have provided
  • The value of the loss of the deceased’s parental guidance

In addition to this ‘fair and just compensation’, New York courts will award other types of damages to plaintiffs as compensation in a wrongful death suit. These forms of recoverable compensation include:

  • Reasonable expenses related to medical aid, nursing, and attention resulting from the injury
  • Reasonable funeral and burial expenses
  • Punitive damages (if such damages would have been recoverable had the plaintiff survived

The importance of receiving all recoverable compensation during a wrongful death lawsuit warrants that you retain professional legal help. As such, you should hire a New York wrongful death lawyer when going through a wrongful death lawsuit.

Law of New York

New York Wrongful Death Provisions

  1. Kinds of Wrongful Death Lawsuits
    • Estate Powers and Trust Law art. 5, part 4, § 5-4.1.
    • Highway Law § 139.
    • Public Health Law § 2805-d.
  2. Statute of Limitations, Estate Powers and Trust Law
    • art. 5, part 4 § 5-4.1.
  3. Who Can Be Awarded Damages for Wrongful Death, Estate Powers and Trust Law
    • art. 5, part 4, § 5-4.1.
  4. Recoverable Damages, Estate Powers and Trust Law
    • art. 4, part 4, § 5-4.3.
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