Legal Guide to Help You Filing a Wrongful Death Case

in Death

The death of a loved one is a most tragic terrible event, especially due to the wrongdoing of another person. However the loss is impossible to reverse, but filing a wrongful death claim can be the way to realize the responsible person about what have you lost because of him or her. Damages in wrongful death cases are mostly based on the financial and companion loss, New York State law describes the types of settlement that are available to both the estate and the beneficiaries of the sufferer.  

But people may be surprised to know that to file a claim you can’t make your grief as a base it means New York wrongful death law does not permit recovery for the grief. There are only two elements to grant damages by the law:

  • Financial damages faced by the dependants of the deceased person, Medical and funeral expenses incurred by the estate   
  • Damages for the pain and suffering from the time of the injury to the moment of death

Along with these two damages more damages can also be provided such as if a person faced some physical impairment before his or her death could have been recovered by the decedent had he or she lived, if proved the defendant action was intentional or reckless then the punitive damages may also be awarded. Wrongful death lawyer in New York handles complex damage cases on a regular basis.

Types of Wrongful Deaths :

  • Vehicle Accidents: Common causes of such accidents are speeding, DUI/DWI, carelessness, equipment malfunction, inexperience driver.
  • Medical Malpractice: Medical malpractice ranges from wrong prescription to high dose of anesthesia to failure to diagnose or misdiagnosis.
  • Defective Products:  Defect in manufacturing, defective design, lack of adequate warnings or instructions on the products.

Who Are Eligible to File a Claim for The Wrongful Death?

  • Person named in the deceased’s on the behalf of all beneficiaries named in the will. Immediate family member like spouse, children and parents, a legal guardian if the children are minor with no surviving parents, grandparents may claim for the damages.
  •  If the grandparents are taking care of the minor children can claim in the same way the surviving would have been claimed. You can also file a claim for the elder people of your family, but if the children are independent then the amount of the compensation will be small.

Time Limit to File the Wrongful Death Claim:

A wrongful death claim can be filed within the two years from the date of the death of the relative. But there are some exceptions (Minor Children, Hidden Negligence, Death Caused by Another's Intoxication) where the time limit to file a claim can be extended

The unexpected death of a loved one can place undue stress, hardship, and emotional pain on those who are left to pick up the pieces. But an experienced wrongful death lawyer New York who specializes in wrongful death lawsuits can help you in getting the compensation not to fill the place of your demised one but to fulfill the responsibility you need to carry in their absence.

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Allen Robert has 1 articles online

Allen Robert is a legal writer covering different  topics of law. His main objective of writing this article is to educate people about the complex wrongful death law and how a wrongful death lawyer New York can guide you on the path of getting the right compensation.

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Legal Guide to Help You Filing a Wrongful Death Case

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Legal Guide to Help You Filing a Wrongful Death Case

This article was published on 2014/04/04