Sensitive & Compassionate Legal Counsel
Losing a loved one is emotionally devastating, and it will be for a long time. But if your loved one died because someone else made a terrible mistake, you should know that you can file a claim against that party for justice and compensation. Waiting too long will close that window, though. To get your case moving without rushing your grieving process, let Davidoff Law manage the wrongful death claim on your behalf.
Table of Contents
Our Manhattan wrongful death attorneys know how to approach highly sensitive wrongful death claims and survival actions. While we progress your case and deal with insurance companies, we can give you all the time and space that you need to take care of yourself and your family.
What Is A Wrongful Death?
A wrongful death is a death that happens due to preventable circumstances arising from negligence. If the person who passes away could have filed a personal injury claim had they not died, then a wrongful death claim will be justified because they did.
Wrongful deaths are commonly caused by:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Medical malpractice
- Slip and fall accidents
- Defective products
Who Can File A Wrongful Death Claim?
New York wrongful death laws allow the personal representative of the deceased’s estate to file a wrongful death claim. A personal representative, executor, or estate administrator can be arranged in an estate plan. If there is no estate representative available, then the court can assign someone as the representative, who will then assume the ability to file a wrongful death lawsuit.
New York does not allow family members and other loved ones to start a wrongful death claim, though. It must be the representative of the deceased’s estate, which is different from most other state rules on wrongful death cases.
Types Of Compensation In A Wrongful Death Claim
A wrongful death claim is meant to compensate the deceased’s estate – and its beneficiaries – for the loss of their loved one. The damage that can be awarded is similar to damages available in a personal injury claim, but with unique differences. Make sure you work with a law firm that understands the nuances of the law, so you can get as much compensation as possible for your loss. Money cannot undo what happened, but financial stability can make grieving less painful and life less stressful.
Our Manhattan wrongful death attorneys can pursue damages related to:
- Medical costs caused by the deceased’s final injury or illness.
- Pain and suffering experienced by the deceased before they passed away.
- Funeral and burial costs.
- Income the deceased would have earned had they lived.
- Value of day-to-day and household services the deceased often completed.
- Loss of companionship, parentage, guidance, etc.
Wrongful Death Statute Of Limitations
In New York, a two-year statute of limitations begins on the date of a person’s wrongful death. The representative for the deceased’s estate has two years from that day to file a wrongful death claim against the liable party. Failing to initiate a claim within that time will cause all future claims to be dismissed by the court before they begin.
There are two exceptions to the two-year statute of limitations:
- Criminal cases: When someone dies to a criminal action, such as murder or manslaughter, the statute of limitations is reduced to only one year.
- Medical malpractice: If someone passes away from a medical mistake, the statute of limitations can be extended to 2.5 years or 30 months.
We’re Here To Help – Dial (212) 900-0000
Starting a wrongful death claim can be painful, especially if you try to handle it on your own. Give yourself the support system and legal guidance you need by coming to our law firm for help. You will find compassionate and attentive Manhattan wrongful death attorneys on our team who genuinely want to see you get through this difficult time.
