Wrongful Death Claim in NYC

When we experience the loss of a loved one, it is earth shattering. It is especially traumatizing when that loss comes unexpectedly. There are a myriad of things to cope with–internally and externally. The shock of loss, the grieving process, the choices to be made and the arrangements to prepare for burial are just some of the facets to face when the loss of a loved one occurs.  There can be so many things to think about and take care of, monetary compensation may hardly be one of them. If the loss of your loved one is due to the negligence, misconduct, or intentional behavior of another person you may qualify for a wrongful death claim.

There is a great assortment of reasons and situations from which a family might file a wrongful death claim. Once again, each is handled differently from state-to-state, with New York having a multitude of laws due to a higher population. This makes for a particularly challenging pursuit of a wrongful death claim, and a proficient representative is  highly advisable. Greenberg & Stein have had many victories navigating the various laws that pertain to each circumstance.

Wrongful death claims that commonly occur and where Greenberg & Stein have had particular successes include:

• Car accidents
• Bicycle and pedestrian accidents
• Medical malpractice (birth injuries included)
• Medication errors
• Nursing home neglect/abuse
• Slip and fall accidents
• Defective products
• Construction site accidents
• Workplace accidents
• Other personal injury and wrongful death claim suits (9/11 attacks, personal assault, police assault)

When pursuing a wrongful death claim, most often the family is seeking monetary compensation and support following a criminal trial. This can include loss of income from the deceased, medical and funeral expenses incurred, or a “loss of consortium”–the pain, suffering and loss of companionship or parental guidance.

In total there are seven categories under which the personal representative of the family may seek compensation. Pecuniary, or financial injury is the major measure of loss determined by the courts.  The loss of support, services, potential inheritance, and medical and funeral expenses are all included within pecuniary income loss. This is the most prevalent and successfully compensated part of a case. If your loved one’s death was particularly violent, the case may also include the pursuit of punitive damages, which are additional damages imposed on the defendant to deter and prevent future similar behavior.

A Wrongful Death Claim in New York

In the state of New York, families are allowed to seek compensation for the untimely death of a loved one. However, direct family members are not allowed to personally file as that ability is restricted to the personal representative of the deceased. The process can be very difficult to navigate, as there are many unique laws that pertain to a variety of situations and causes.

It is also important to know that within the state of New York, a wrongful death claim must be filed within two years of the declared date of death. This is known as the statute of limitations and exists as a reasonable deadline from which a wrongful death claim can be filed.  The only exception to this law is when the personal representative of the deceased person is a child or legally incapable of filing a wrongful death claim. A guardian of the child or person is then expected to file the claim.

With the help of Greenberg & Stein, your claim can be processed within the legal framework and most successfully. With dedication, empathy, and the the dynamic  knowledge to know how to navigate your particular claim, personal injury lawyers of Greenberg & Stein can guide your case in ways that would be unknown to the common person. For example, someone living in Queens may have experienced an accident at a Mets game, slipping on a spilled beverage with a resulting head trauma that led to death. Greenberg & Stein would have the precise knowledge on how to pursue such a rare case. By pursuing the assistance and experience that we can provide in a case, you are asserting your rights and bringing closure to your family’s irreplaceable loss. Not only will you provide the compensation and closure that your family is deserving, your claim may help in keeping all products and parties involved accountable for their actions.

Greenberg & Stein can assist you in preventing loss for other families by pursuing a wrongful death claim and successfully attending to the compensation you deserve. To understand more about how to proceed with a wrongful death claim, contact Greenberg & Stein for an in-person consultation: 888-411-3966