Brooklyn New York Wrongful Death Attorney
Dealing with the death of a loved one can be overwhelming. It can especially be so when that death could have been prevented and as a result of the negligence or in some cases intentional act of a third party. A wrongful death can cause a family not only emotional distress but can cause financial distress as well as a wide variety of issues.
How long do I have to bring a claim?
In New York the statute of limitations is two (2) years. That means from the date of the death you must bring a claim within two (2) years. It is important to contact an experienced wrongful death as there are steps that need to be taken to preserve your rights. If the decedent died without a will, an administrator will need to be appointed through Surrogates Court. You need an experienced attorney that will file the necessary paperwork to make sure your claim is protected.
What is recoverable from a wrongful death action?
There are damages that a loved one may be able to recover from a wrongful death action.
Economic damages — This can include medical expenses prior to death, the earnings lost as a result of the decedent’s death, funeral expenses, and other economic losses.
Non-economic damages — This can include loss of consortium, loss of services, and essentially damages that cannot be easily calculated. The death of a loved one causes damages that cannot always be seen but must be claimed.
Contact an experienced personal injury attorney for advice regarding your legal options.
Who can bring a claim for wrongful death?
In New York a claim for wrongful death must be brought by certain individuals who are beneficiaries of the estate. This includes the spouse of the decedent, children of the decedent or parents of the decedent. Other than these individuals there may be circumstances when another party may bring a claim but that must be explored by an experienced attorney.
Dealing with the death of a loved one is a traumatic and difficult time. You should hire a compassionate and experienced attorney to handle your case so that you can focus on dealing with the emotional side of losing a loved one.
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