New York Wrongful Death Lawsuit.It’s never easy to lose someone you love, and it’s even harder when their death was caused by someone else’s negligence or intentional actions. I can’t imagine how tough that must be, but I do know that in those dark times, finding justice can be a crucial step toward healing. In New York, there’s a way to pursue this justice through a wrongful death lawsuit. Today, I’m breaking down everything you need to know, with a little help from the experienced team at KDLM Law Firm.
What Exactly is a “Wrongful Death”?
In New York, the term “wrongful death” refers to a death caused by a “wrongful act, neglect, or default” that would have entitled the deceased to file a personal injury lawsuit if they had survived. Here are some common scenarios:
Negligence-Based Incidents: Think car accidents, slip and falls, and workplace accidents.
Medical Malpractice: Errors in treatment, misdiagnosis, or surgical mistakes that lead to tragic outcomes.
Intentional Acts: Criminal acts such as assault, manslaughter, or even murder.
If your loved one’s death falls into any of these categories, there may be grounds for a wrongful death lawsuit.
Who Can File a Wrongful Death Lawsuit in New York?
This part is super important. In New York, the only person who can file a wrongful death lawsuit is the personal representative (or “executor”) of the deceased’s estate. This is different from many other states where family members themselves can file. So, unless you’re the appointed representative, you won’t be able to initiate this lawsuit directly.
What Can You Recover from a Wrongful Death Lawsuit?
Winning a wrongful death lawsuit isn’t just about justice – it’s about compensating for the tangible losses experienced by the deceased’s family and estate. Here’s what you can potentially recover.
Funeral and Burial Costs: The immediate expenses after a loved one’s passing.
Healthcare Expenses: Any medical costs related to the deceased’s final injury or illness.
Monetary Support: Compensation for the financial support the deceased would have provided.
Value of Services: The value of services and support the deceased would have contributed.
Parental Nurturing: For surviving children, the value of the care and guidance they’ve lost.
Lost Inheritance: Future inheritance the survivors would have received.
Pain and Suffering: The conscious pain and suffering the deceased endured before passing.
Interest on Damages: Calculated from the date of death.
However, it’s important to note that New York law does not allow for recovery of damages for the survivors’ emotional pain and suffering or loss of companionship.
The Statute of Limitations
Here’s a crucial point: In New York, you only have two years from the date of death to file a wrongful death lawsuit. This might seem like a long time, but trust me, the legal process can be lengthy and complex. Missing this deadline usually means losing the chance to file your case, so it’s vital to act promptly.
Why Choose KDLM Law Firm?
Alright, let’s talk about why KDLM Law Firm is your best bet for navigating this challenging journey.
Expertise and Experience
KDLM specializes in wrongful death cases and understands the intricate details of New York law. They’ve seen it all and know how to handle even the most complicated cases.
Compassionate Support
Losing a loved one is incredibly tough. KDLM’s team offers empathetic, personalized support, making sure you’re cared for every step of the way.
Aggressive Representation
When it comes to securing justice and maximum compensation, KDLM’s attorneys are relentless. They fight tirelessly to hold responsible parties accountable.
If you’ve lost a loved one due to another’s negligence or intentional actions, don’t let the chance for justice slip away. Contact KDLM Law Firm today at (212) 618-6800 to discuss your case with one of their dedicated attorneys. They’re ready to help you find the closure and justice you and your family deserve.
Take action today because the delayed justice has been denied. Let KDLM guide you through this difficult time, ensuring your loved one’s legacy is honored and your family’s future is secured.