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When to File a Wrongful Death ...

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When to File a Wrongful Death Lawsuit in NY

  • April 21, 2016

If you have experienced the tragedy of unexpectedly losing a loved one, you know the unimaginable toll that such a loss can have on those left behind. While it is important for family members to take the time to grieve and help one another cope with their loved one’s passing, it is also important for them not to lose sight of their legal rights. The emotional and financial impacts of a close family member’s death can have serious lasting effects for years to come. If someone else is responsible for your loved one’s death, the law holds them responsible for your losses, as well.

Under New York law, certain family members are eligible to seek financial compensation for their losses through a claim for wrongful death. In this article, we provide a brief overview of what is involved in filing a wrongful death claim. If you would like more-detailed information about your legal rights, we invite you to schedule a free consultation at our offices in Poughkeepsie or Wappingers Falls, NY.

What is Wrongful Death?

The term “wrongful death” refers to a death resulting from the negligence or intentional misconduct of a party other than the deceased. This other party can be an individual (such as a distracted driver in a car accident or a doctor who commits medical malpractice) or a company (such as a builder who fails to take adequate measures to prevent a construction site accident).

In order to prove a claim for wrongful death, the deceased’s surviving family members must be able to establish that:

  • A party was negligent or engaged in intentional misconduct;
  • That party’s negligence or misconduct caused their loved one’s death; and,
  • The surviving family members suffered financial harm as a result of their loved one’s death.

In New York, all wrongful death claims must be asserted by the personal representative of the deceased’s estate. Those who are eligible to receive compensation include spouses, children, and other beneficiaries or dependents.

What Compensation is Available Through a Wrongful Death Claim in NY?

In a wrongful death claim, eligible survivors seek financial compensation for: (i) the deceased’s conscious pain and suffering prior to death, and (ii) their own economic losses. These economic losses typically include:

  • The deceased’s medical costs prior to death
  • Funeral expenses
  • Lost income and inheritance
  • Spouses’ loss of the value of support and services
  • Children’s loss of nurturing, guidance, and education

Contact Stenger, Roberts, Davis & Diamond, LLP for a Free Consultation Today

If you have lost a loved one in an accident, our attorneys can help you seek financial compensation. We have decades of experience handling accident cases in the Hudson Valley region, and we take a unique team approach that affords each client the full benefit of all of the knowledge that our attorneys have to offer. To speak with an attorney about your case, please call (866) 290-6929 or request a free consultation online today.

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