In New York, a wrongful death occurs when someone is killed because of another person’s wrongful act, neglect, or default. In other words, a wrongful death case may be filed in a situation where the deceased could have filed a personal injury lawsuit if they were still alive.
The path to success in a wrongful death claim can be complicated. First, you must ensure that you file on time and abide by the other procedural requirements for bringing your case to court. Next, you must present compelling evidence that proves the defendant is at fault for your loved one’s death. There are several different forms of evidence that may be utilized.
If you believe that your loved one suffered a wrongful death, seek guidance from our experienced NYC wrongful death attorneys at The Carrion Law Firm by calling (718) 841-0083.
Who May File a Wrongful Death Lawsuit in New York?
A wrongful death case affords a victim’s family the chance to recover financial compensation for their loved one’s passing. However, such a claim cannot be brought to court by any family. Rather, in New York, a wrongful death case must be filed by the victim’s personal representative.
A personal representative, also known as an executor or administrator, is appointed to manage the affairs of a deceased person’s estate. Their tasks may involve handling legal matters and distributing assets according to the will. They are usually named by the deceased. However, if a personal representative has not been chosen, then one may be appointed by the court.
Our Albany wrongful death attorneys can help identify the appropriate party to file your wrongful death case. Moreover, we will provide support during each step of the process for building your case.
How Long Do You Have to File a Wrongful Death Case in New York?
Under E.P.T. Law § 5-4.1, you will typically have two years from the date of your loved one’s passing to bring a wrongful death claim to court. If you do not comply with this deadline, then you may miss out on your opportunity to recover monetary damages.
However, there are exceptions to the two-year rule. For instance, if the death resulted from medical malpractice, the filing deadline extends to two and a half years from the date of death. Additionally, if the person responsible for the death faces a criminal case arising from the incident, the statute of limitations is reduced to one year from the conclusion of the criminal case.
Given the complexities and potential variations in the law, legal guidance can be very valuable if you are considering filing a wrongful death case. Our team can determine how the statute of limitations will apply to your claim.
Establishing Fault for a Wrongful Death in New York
Furthermore, in order to win a wrongful death case, you must present evidence establishing that the defendant is to blame for the death at issue. There is a multitude of different evidence that may be used.
Witness Testimonies
Eyewitness accounts can provide valuable insight into the events leading to the wrongful death. Witness testimonies can corroborate other evidence and help establish fault by describing the actions or negligence of the responsible parties.
Medical Records
Medical records play a crucial role in proving fault for a wrongful death by documenting the extent of the victim’s injuries and the medical treatment received. These records can help establish a causal link between the negligent actions and the resulting harm, aiding in assigning liability.
Expert Analysis
Expert witnesses like doctors and accident reconstructionist specialists can provide specialized analysis and opinions regarding the circumstances surrounding the wrongful death. Their expertise can help clarify complex issues and provide objective assessments of fault.
Physical Evidence
Physical evidence collected from the scene of the incident, such as skid marks, debris, or damaged property, can provide tangible proof of what occurred. Analyzing this evidence can help reconstruct the events leading to the wrongful death and determine who was at fault.
Photographic Evidence
Photographic evidence, such as images captured at the scene of the incident, can provide visual documentation of relevant details. These photos may depict the conditions of the environment, the extent of damages or injuries, and any other pertinent information supporting the claim of fault.
Surveillance Recordings
Surveillance recordings from cameras at the scene or nearby locations can offer visual evidence of the incident. These recordings may capture the actions of involved parties, contributing factors, or any other relevant details that support the claim of fault.
Accident Reports
Accident reports created by pertinent authorities may document the important details of a death. These reports may include witness statements, investigation findings, and assessments regarding fault. Accordingly, these reports can often provide valuable documentation used to support plaintiffs’ claims.
What Are Your Chances of Winning a Wrongful Death Suit in New York?
There are several factors that can influence the outcome of your wrongful death suit. After reviewing the specifics of your case during a free evaluation, our legal team determine the strength of your claim.
Our support can be highly valuable when seeking a favorable outcome in your case. We can help navigate the complexities of the legal system, ensuring that all necessary documentation is filed correctly and within the required timeframes. We can also conduct thorough investigations, gather crucial evidence, and enlist expert witnesses to support your case.
Additionally, our team will provide emotional support and advocacy during the grieving process, allowing you to focus on healing while we handle the intricate legal proceedings. With a knowledgeable lawyer by your side, you may increase their chances of obtaining justice and fair compensation for their loss. Further, you may aid your peace of mind by knowing that your rights are protected throughout the legal process.
Call Our Lawyers for Assistance with Your Wrongful Death Claim in New York
In the aftermath of your loved one’s passing, get assistance from our experienced Long Island wrongful death attorneys by calling The Carrion Law Firm today at (718) 841-0083.