If you have lost a loved one in an accident due to another party’s negligence or wrongdoing, you may be able to pursue justice through a wrongful death claim. These cases are not only emotionally taxing, but also complex. New York has strict laws around who can file a wrongful death claim, what damages are available, and how compensation is distributed. That’s why it’s critical to have a qualified wrongful death attorney in your corner.
Buttafuoco & Associates has been helping New York families find justice for decades. If you would like more information on your rights, call 1-800-NOW-HURT to schedule a free consultation.
What is a Wrongful Death Lawsuit?
If your loved one has died as a direct result of someone else’s negligence, you may be eligible to file a wrongful death claim. Wrongful death lawsuits are essentially personal injury claims, but the lawsuit is filed on the deceased’s behalf.
Three of the most common types of wrongful death claims include:
- Vehicle Crashes: Truck accidents and motorcycle crashes often result in serious injuries or death.
- Medical Malpractice: Medication errors, surgical errors, misdiagnosis, and failure to diagnose can all have fatal consequences.
- Pedestrian Accidents: Pedestrian fatalities have spiked in recent years due to a variety of compounding factors, including larger vehicles, fewer pedestrian safety measures, and an increase in reckless driving.
How to Prove Wrongful Death
Like other personal injury claims, wrongful death cases require proving negligence, and that the negligence led to your loved one’s death. Legally, this means demonstrating all of the following:
- The at-fault party owed your loved one a duty of care
- They breached that duty through negligent behavior
- That behavior directly caused your loved one’s death
- Your family suffered substantial damages as a result
Proving that this chain of events caused your loved one’s death can be an intensive process, and a New York wrongful death attorney will help gather, evaluate, and preserve the necessary evidence to build a strong case on your behalf. Common evidence includes:
- Photos or surveillance footage
- Witness statements
- Police or incident reports
- Medical records
- Damaged equipment or vehicles
How to File a Wrongful Death Lawsuit
Though there have been recent efforts to revise New York’s wrongful death laws, the state has strict rules for who can file a claim and what damages they can recover. In New York, only the personal representative of the deceased’s estate may file a wrongful death claim. Also, that representative must file the lawsuit within two years of the date of death—unless the death was caused by a crime, in which case the deadline is one year from the end of any criminal proceedings.
Once a settlement or award is reached, the court determines who receives compensation and in what amount. There will be a hearing to determine how to divide the settlement, and in most cases, spouses, children, and parents of the deceased are entitled to a share of the settlement.
Currently, New York’s wrongful death laws only allow for recovery of pecuniary (financial) damages; these can include:
- Loss of income between injury and death
- Medical expenses related to the injury or illness
- Funeral and burial costs
- Loss of parental guidance, care, and services
- Loss of financial support the deceased would have provided
While these damages do not include pain and suffering of the surviving family, they may include pain and suffering of the deceased before their death.
How Can an Attorney Help My Wrongful Death Case?
Wrongful death cases are often incredibly painful for the surviving family members, not to mention legally complex. A wrongful death lawyer serving New York can help navigate the difficult questions of who should file the claim, how much compensation is owed, and who should receive that compensation. The attorneys at Buttafuoco & Associates know how difficult it can be, and we have the legal experience to hold the responsible parties accountable and deliver justice to your family.
Call 1-800-NOW-HURT for a free case review.