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How Do I File a Wrongful Death Suit in New York?

The loss of a loved one is one of the most difficult situations we endure throughout our lifetimes. These losses are especially difficult when they are sudden, unexpected, and the fault of someone else.

When a death is caused by the negligence or misconduct of another person, it is considered a wrongful death and in many cases, a legal claim may be pursued.

What is Considered a Wrongful Death?

There are many different situations and circumstances that may lead to a wrongful death. Here are a few of the most common situations that arise during wrongful death cases:

Motor Vehicle Accidents – these may involve anything from a drunk driver, speeding, a distracted driver, or reckless driving that causes the death of a loved one.

Work Accidents – accidents on the job, no matter if you are working as a delivery person, construction worker, or in a hazardous occupation, can often end tragically.

Premises Liability – if a visitor is killed as a result of an accident caused by a property owner’s negligence or the failure to warn visitors about a potentially hazardous situation, this may be considered a wrongful death.

Defective Products – thousands of people are killed each year by defective products ranging from children’s toys, car seats, sports equipment, and more.

Medical Malpractice – hundreds of thousands of patients are affected by medical malpractice each year, and many result in the unexpected death of patients due to negligence by surgeons, doctors, or other hospital staff.

These are just a few of the most common wrongful death suits. They may also include food-borne illnesses, defective medical devices, negligence in daycare or nursing home facilities, defective pharmaceuticals and more.

Wrongful Death Suit in New York

Laws vary from state-to-state in regards to wrongful death suits. In the state of New York, the responsibility for filing a wrongful death claim is up to the “personal representative” of the deceased person’s estate. This means that a family member cannot bring forward the claim unless they have been designated the personal representative. But the lawsuit claim can seek damages on behalf of the deceased person’s heirs and beneficiaries, as well as damages to the estate.

Wrongful death claims in New York do not allow surviving members to seek damages for pain and suffering or mental anguish. They may be awarded in order to cover funeral and burial expenses, medical care related to their final injury or illness, wages and benefits lost, and conscious pain and suffering endured by the deceased, among a number of other things.

But damages awarded in a New York wrongful death lawsuit depend on the provable facts that are demonstrated in court. This is why it is critical to get the help of an experienced Manhattan wrongful death attorney like those at Greenberg & Stein.

Time is also a factor in filing a wrongful death claim, as the New York statute of limitations dictates that any claim must be filed within two years of the person’s death or the claim will be dismissed outright.

The wrongful death attorneys at Greenberg & Stein are dedicated to helping you receive the justice and compensation you deserve after suffering the unexpected loss of a loved one. While every wrongful death case is different, you can be assured that our award winning legal representation is here to help you through this difficult time.

Having an experienced and compassionate attorney on your side can mean all the difference as you attempt to put the pieces of your life back together following this devastating loss.

We offer a free consultation and a 24-hour phone line, so don’t hesitate to call us if you are in need of a wrongful death attorney in New York City. Call us today at 888-411-3966 to schedule your free legal consultation.