According to the New York Estates, Powers, & Trusts Law (EPT) §5-4.1, what qualifies as wrongful death in New York is any wrongful act, neglect, or default that leads to someone’s demise. You might be eligible to file a wrongful death claim if someone you love was the victim of a:
- Car accident
- Slip and fall
- Physical assault
- Medical malpractice incident
You can review the circumstances surrounding the death of your loved one with a law firm representative. A wrongful death attorney may help you prepare your wrongful death claim or lawsuit, which might include defining the cause of your loved one’s death and establishing a list of deaths both you and your loved one incurred up to and after their death.
You Must Establish Your Relationship to the Decedent
The unexpected and untimely loss of someone you love can change the dynamics of an entire family. It can leave your family reeling from shock, surprise, stress, and sorrow. As hard as the loss of a loved one is on friends, family, and colleagues, only certain family members are eligible to file a wrongful death claim against the at-fault party.
According to the EPT §4-1.1, you might be eligible to file a wrongful death lawsuit if you are:
- The decedent’s spouse
- The decedent’s child
- The decedent’s parent
- The decedent’s personal representative
Your lawyer may help you understand the significance of your familial relationship with the decedent.
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Your Family May Be Able to Recover Damages After Your Loved One’s Death
New York has rules and guidelines in place to govern how damages from a wrongful death claim get distributed. Your lawyer may review the distribution of these compensatory damages with you. Damages you might be entitled to receive may include:
- Medical care related to treating the decedent’s accident-related injuries
- Funeral and burial expenses to cover your loved one’s final arrangements
- Loss of your loved one’s income, including income they would have made, had they still been alive
- Loss of support and services from your loved one and the value of their pain and suffering
Your wrongful death claim or lawsuit may list other damages, depending on the circumstances of your case. You can speak with your legal team about the damages you might be able to recover.
Supporting Your Claims and Pursuit of Compensation
In the immediate aftermath of a loved one’s death, it can be difficult to concentrate on the mechanics and logistics of an insurance claim or wrongful death lawsuit. A lawyer near you may help you navigate the civil litigation process. In support of your pursuit of compensation, your lawyer may:
- Establish how negligence was the cause of your loved one’s death
- Argue how the at-fault party’s role contributed to your loved one’s death
- Define the financial impact of your loved one’s death
- Build a case using supporting evidence
- Locate and interview expert witnesses, as needed
- Negotiate a settlement on your behalf
Our team wants to help you and your family so that you all can focus on your emotional recovery without losing valuable time in the legal process.
Your Wrongful Death Action Is Time-Sensitive
While your family copes with the sudden and unexpected loss of your loved one, your lawyer can concentrate on fighting for your case. It is important that you do not run out of time to file your lawsuit. Doing so might mean your risk of receiving compensation may get jeopardized.
The statute of limitations in the EPT §5-4.1 determines how long you have to file a lawsuit against the negligent person who caused your loved one’s death. You generally have two years from the date of your loved one’s passing to file a wrongful death lawsuit on their behalf.
Your lawyer may be able to negotiate a settlement, which would allow you to avoid court altogether. If you cannot reach a settlement agreement, your lawyer may file your lawsuit and represent you in court.
Morelli Law Firm Can Be There for You to Fight Your Legal Battle
Did your family lose a loved one due to another person’s negligence? Our client intake team might be able to help you determine what qualifies as wrongful death in your state and how you may fight for financial compensation. Call the wrongful death team at Morelli Law Firm by calling (212) 751-9800 to explore your legal options.