- September 6, 2016
For many people, losing a loved one in an accident raises a lot of questions. What happened? Who is responsible? What can be done to hold them accountable?
If you feel like you need more information, you are not alone. Your circumstances are both tragic and complicated; and, if you are like most people, you are not sure where to turn for help. One thing is for sure: The insurance companies aren’t the answer – they don’t have your best interests in mind, and they certainly won’t tell you everything you need to know in order to maximize the financial compensation for your loved one’s wrongful death.
At Stenger, Roberts, Davis & Diamond, LLP, we understand what you are going through, and we want to help you make informed decisions about protecting your legal rights. In a previous article, we answered the following questions:
- What is Wrongful Death?
- What Compensation is Available Through a Wrongful Death Claim in NY?
In this article, our attorneys answer three more common questions about seeking financial compensation following a loved one’s wrongful death in New York.
Who Can File a Claim for Wrongful Death in New York?
Under New York law, wrongful death claims must be filed by the deceased’s personal representative. This is because wrongful death claims are actually filed on behalf of the deceased’s estate – not by individual family members directly. If the claim is successful, the settlement funds or court award will be distributed to the deceased’s heirs and beneficiaries in accordance with the deceased’s will (if any) and applicable law.
As a separate claim, family members who suffer financial losses due to their loved one’s untimely death can seek compensation for these losses as well. Family members are able to file these claims (they do not need to be a beneficiary of the estate), and they can use them to recover compensation for things like funeral expenses, loss of monetary support, and loss of income.
What Are Some Examples of Typical Wrongful Death Claims?
Generally speaking, there will be grounds to file a wrongful death claim in any case where the deceased could have filed a personal injury claim, had he or she survived the accident. As a result, some of the most common types of wrongful death claims include claims arising out of:
- Construction site accidents
- Defective product accidents
- Medical malpractice
- Nursing home negligence and abuse
- Vehicle collisions
However, it is important to emphasize that these are just examples. If you have lost a loved one under any circumstances in which you believe that a company or another person may be to blame, you should speak with an attorney about filing a claim for just compensation.
How Long Do I Have to File a Wrongful Death Claim?
In most cases, the statute of limitations for wrongful death claims in New York is either two or three years from the date of death. However, it is important not to wait until the last minute to speak with an attorney. An investigation will typically need to be conducted as soon as possible, and you do not want to let unnecessary delays hinder your ability to seek maximum compensation.
Learn More About Filing a Wrongful Death Claim in New York
If you have questions about filing a wrongful death claim in New York’s Hudson Valley, we encourage you to contact our offices in Poughkeepsie or Wappingers Falls for a free consultation. To speak with an experienced attorney about your rights, call the law offices of Stenger, Roberts, Davis & Diamond, LLP at (866) 290-6929 or send us a message online today.