Filing for a Wrongful Death Claim in Staten Island, NY

 In Blog Posts

Wrongful death happens when a person dies as a consequence of another individual’s willful act or negligence. Once this happens, it is up to the victim’s family to pick up the reigns and seek justice. If you have lost someone because of other people’s intentional act or negligence, then you have to file a wrongful death suit. This claim should only be filed by one person representing your loved one’s estate. There are several events that contribute to wrongful death and these include hazards in the workplace, medical malpractice, criminal behavior, and vehicular accidents.

Who May Make A Claim?

Individuals who are entitled to file for a wrongful death claim are enumerated in statutes for individual states. In New York, closest kin such as a surviving spouse, next of kin, or children are allowed to report the claim. For instance, children can make a claim for the wrongful death of their parents even if they are minors. Parents can also make wrongful death claims for the loss of their children whether dependent or independent.

Criteria When Making A Claim

When filing for a wrongful death suit, there are certain criteria that need to be met. One important criterion is that the living members of the family must be suffering from financial burden as a result of the loss of their loved one. Moreover, the state of New York mandates that one family member can only file a claim as a representative of the victim’s estate.

The damages that are awarded to the victim’s estate depend on facts that surround the claim. However, the damages will include expenses for medical, funeral, and burial. Unfortunately, the living kin will not be able to recover their own damages for their suffering, pain, and anguish.

The maximum amount of damages that can be recovered by making a wrongful death claim depends on each state. Compensation laws that exist in New York place a limit on the liability of the plaintiff. This is especially true if the employers, for example, carry insurance to pay for a wrongful claim of their workers.

Statute of Limitation

A wrongful death claim can be filed no more than two years from the day of the death of the victim. Filing for a wrongful death claim can be a harrowing experience for the surviving family member. The first step is to understand your rights as a representative of your deceased loved one. However, you have to act fast because a statute of limitation is placed for two years from the date of death in order to file a lawsuit. Failure to file within this time period will prohibit individuals from making a claim and seeking compensation for their losses.

Why You Need to Seek Help from An Attorney

So, if you have lost a loved one in New York, it is crucial that you talk to a Staten Island accident lawyer who is knowledgeable about wrongful death claims. Do this as soon as possible so that you can act on your claim before the statute of limitation expires.

Hiring a Staten Island accident lawyer who is skilled and reliable in wrongful death claims will help you make practical decisions during the grieving process. They will assist you in handling the complicated processes and aspects of your case so that you are allowed time to recover. Let them help you protect your legal rights.

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