Flushing Wrongful Death Attorney
A loved one’s untimely passing can be traumatizing, especially if it was caused by another person’s negligence. To get justice on behalf of a wrongful death victim in Flushing, call our lawyers.
If your loved one recently died because of another party’s negligence, speak with our attorneys. Our lawyers can help you learn whether or not you can file a wrongful death claim and survival action in Flushing. Generally speaking, the statute of limitations to file a lawsuit for wrongful death is two years from the date of death. Our attorneys can investigate your loved one’s passing and build a strong case against a defendant to prove how their negligence caused a victim’s death. When successful, certain family members can recover compensation and get the closure they need after filing a wrongful death claim in Flushing.
Our attorneys care about holding at-fault parties accountable in wrongful death claims. For a free case with the Flushing wrongful death attorneys at The Carrion Law Firm, call today at (718) 841-0083.
Steps to Take After a Wrongful Death in Flushing
After a loved one’s untimely and wrongful death, families might be unsure what to do next. Immediately after an accident resulting in death, reach out to our lawyers. Our Flushing wrongful death attorneys can help you determine whether or not you have a case.
Consulting with our lawyers as soon as possible after a loved one’s passing is crucial if you suspect another party’s negligence caused their death. Our attorneys can immediately investigate the circumstances of a victim’s death to identify an at-fault party. In addition to filing a wrongful death claim, you may be able to bring a survival action in Flushing.
Our lawyers can also help you compile the necessary information to document your losses and gather evidence. Keeping records of funeral expenses, medical expenses, and other losses is necessary if you plan to file a wrongful death claim in Flushing.
Eligible Plaintiffs in Flushing Wrongful Death Claims
Only certain people are eligible to bring a wrongful death claim in Flushing. Knowing which family members can file a lawsuit is crucial so you can all get the closure you need after a loved one’s passing.
In Flushing and throughout New York, a victim’s personal representative is eligible to bring a wrongful death claim. That is to say, not all family members can file a lawsuit after their loved one dies because of another person’s negligence.
Our Flushing wrongful death attorneys can help your family understand who can bring a claim after an accident so that you have the best chances of getting justice for your deceased loved one.
Statute of Limitations for Wrongful Death Lawsuits in Flushing
Generally speaking, personal representatives only have a few years to file a wrongful death lawsuit in Flushing. Meeting the filing deadline is crucial. Otherwise, you may lose your opportunity to sue.
For most wrongful death claims, the deadline to file a lawsuit in New York is two years from the date of death, according to E.P.T. Law § 5-4.1(1). There are exceptions to this rule for cases involving defendants facing criminal charges concerning a victim’s death. To learn more about these exceptions and if they apply to our case, speak with our Flushing wrongful death attorneys. Certain death claims arising from medical malpractice can be complicated, so speak with our lawyers for clarification on your case.
In general, plaintiffs should not rely on potential exceptions and abide by the normal two-year statute of limitations for wrongful death claims in Flushing. Our attorneys can take the necessary steps to build a case and file before the statute of limitations is up so that you can hold an at-fault party accountable.
Proving Fault in a Flushing Wrongful Death Case
Because each wrongful death claim may differ substantially, our attorneys may use various evidence to prove fault. Achieving this goal is essential, as failing to meet the burden of proof might result in an unfavorable conclusion for plaintiffs.
During an investigation into your loved one’s death, our attorneys can uncover evidence that can prove a defendant’s fault. Depending on the case, expert testimony, eyewitness testimony, security camera footage, photographs, medical documents, and other records may be useful evidence in a wrongful death claim in Flushing.
Our attorneys can tailor their investigation to your loved one’s case in an effort to gather the most compelling evidence against a defendant. Though sometimes challenging, as wrongful death claims are often emotional and complicated, our attorneys will work hard to meet the burden of proof so your family can begin healing.
Compensation in Wrongful Death Claims in Flushing
After a victim’s death, their family members might experience overwhelming losses. The financial and impact of an untimely passing can be severe, entitling eligible recipients to compensation. Appreciative of that fact, our attorneys will strive to help you recover the damages your family needs in a wrongful death claim in Flushing.
Only certain family members are entitled to compensation in a wrongful death claim. The first tier of recipients is a victim’s spouse and children, according to E.P.T. Law § 4-1.1. If a victim is unmarried and without children, their parents may recover compensation in a wrongful death claim. Our Flushing wrongful death attorneys can explain how damages may be divided between eligible recipients at the end of a case.
In a survival action, eligible recipients may recover compensation for losses a victim sustained while alive. For example, this might include lost wages and medical expenses due to injuries that led to death caused by a negligent party. Eligible parties may be able to recover non-economic damages for the pain and suffering a victim experienced before their death by filing a survival action in Flushing.
When a wrongful death claim is successful, certain family members can recover compensation for economic losses, according to E.P.T. Law § 5-4.3(a). For example, eligible family members may be able to recover compensation for funeral and burial expenses. Unfortunately, compensation for pain and suffering is not available in wrongful death claims in Flushing.
Call Our Flushing Attorneys About Your Wrongful Death Case Today
If your loved one recently died because of another party’s negligence, our lawyers can help. For a free case with the Flushing wrongful death attorneys at The Carrion Law Firm, call today at (718) 841-0083.