Frequently Asked Questions About New York Wrongful Death Claims
Grieving the death of a loved one is one of the hardest things anyone can go through. But if your loved one’s death was caused by the negligence of someone else, you may also be experiencing additional strong emotions. You may feel extreme anger towards the other party, or confusion about how you and your family should move forward.
In some cases, it may be in your or your family’s best interest to begin a wrongful death claim against the at-fault party. If this is the next step for you, it can be helpful to understand some of the basics of wrongful death claims. Keep reading this article to discover:
- What exactly a wrongful death claim is, and who can file one.
- What types of damages you may be eligible to receive in a wrongful death lawsuit.
- The statute of limitations in a wrongful death claim, and how this could change based on where you live.
What Is Wrongful Death Action And Who Can File A Claim?
Wrongful death is a tort that results in death. A tort is an action or lack of action on someone’s part that causes harm to another person. The injury causing death in a wrongful death claim is often one that was caused by someone else’s carelessness or recklessness. Typically, a wrongful death claim is filed by the administrator or executor of an estate.
However, it could also be filed by a family member or loved one. If someone you love died as a result of the action or inaction of another party, you should reach out to a wrongful death attorney to determine if a lawsuit is the right next step for you. They can also help you understand the process and how to file a claim.
How Are Damages Determined In A Wrongful Death Case?
If one of your loved ones passed away and you are filing a wrongful death claim, you are probably wondering about the potential damages you and your family could receive. While the damages from a wrongful death case can depend on the specific circumstances, there are several common types of payments you can expect.
First of all, there are damages for the conscious pain and suffering that occurred before the person died. In addition, there are economic damages as a result of the person’s death.
For instance, if a father or mother of a young family dies, how much money did that parent make to support their spouse and children? Economic damages are awarded to the ones who are left behind and may struggle financially due to the loss of their loved one.
If you are filing a wrongful death claim, it’s essential to discuss the potential damages you could receive with your lawyer.
How Long Do I Have To File A Wrongful Death Lawsuit?
The statute of limitations for a wrongful death claim is generally two years. However, in certain municipalities, there are special rules that have to be followed, and the statute of limitations may be different in each municipality. For this reason, you should work with an experienced wrongful death attorney who can ensure that you complete all of the required steps before any deadlines that apply to your case.