New York Wrongful Death Attorney
The pain of losing a loved one is immense and is even harder to cope with when this loss occurs unexpectedly due to negligent or reckless acts by another person. Rather than adding concerns about how you as a surviving family member will recover the costs of end-of-life care and funeral expenses, seek out the assistance of a knowledgeable wrongful death attorney for help receiving the money your family deserves. Read on to learn if your claims may be compensable via a wrongful death lawsuit filed against the company or individual responsible for your loved one’s death.
Wrongful Death Claims Compensate Survivors for End of Life Costs and Lost Support
When a loved one dies, filing a wrongful death claim is the path to recovering compensation for that death. New York requires that, rather than the deceased person’s survivors filing a claim directly, a representative is appointed by the court to stand in the place of the deceased. This appointed representative can then file the claims that the deceased person would have been able to file, had they survived. The proceeds of a wrongful death lawsuit are then distributed among the victim’s surviving family and heirs. A wrongful death suit allows the families of the wrongfully killed to recover compensation for expenses such as:
- Costs of medical care required for the victim before their death
- Wages lost by the victim for work missed after incurring the ultimately-fatal injury, and prior to their death
- Burial and funeral costs
- Pain and suffering experienced by the deceased person after the accident and before their death
- Support which the victim provided to their family, such as parental care and economic support
How Wrongful Death Claims are Proven
In order to recover compensation for wrongful death, the appointed representative must show that the deceased person was killed as a result of negligent, reckless, or willful acts by a person or company, for which the victim could have sued had they not been killed, and that surviving family members of the decedent experienced some compensable loss as a result of the victim’s death.
Prepare to File a Wrongful Death Claim
Before a wrongful death action can be filed in the state of New York, a personal representative must be appointed by a court to stand in for the deceased person and file a wrongful death lawsuit. If the deceased appointed an executor in their will, this will generally be the person appointed as a personal representative. Whether or not the deceased person created a will, appointing a personal representative requires beginning the probate process for the deceased person’s estate. If you have lost a loved one as a result of someone else’s negligent or intentional acts, seek legal help as soon as possible to begin the process of probate and evidence-gathering to support a claim for wrongful death.
To determine if you and your family may benefit from filing a wrongful death action in New York after a loved one’s passing, contact a compassionate and experienced wrongful death attorney at the law firm Rusk, Wadlin, Heppner & Martuscello for a consultation on your claims, at 845-331-4100 or 845-236-4411 in Marlboro.