If a family member has been killed by another person’s wrongful act, neglect, or carelessness, their loved ones may sue in a wrongful death claim. Wrongful death laws vary by state, but are designed to let survivors pursue justice on their behalf. A wrongful death lawyer can guide you through the legal process.
In a wrongful death lawsuit, you must prove that the deceased would have been entitled to compensation if they had lived and filed a personal injury claim on their own. This means that they would have been entitled to medical bills, lost income, and other damages. A wrongful death lawyer will help you determine what types of damages your loved one would have been entitled to receive and how much they are worth.
How Long Does a Wrongful Death Lawsuit Take?
The length of time a wrongful death settlement takes will depend on several factors, including how complicated the case is and how difficult it is to determine who is responsible for your loved one’s death. Wrongful death claims often involve a high amount of money and are very complex, so the more complicated your case is, the longer it will take to resolve.
It is important to consult with a knowledgeable wrongful death attorney as soon as possible. Many states have specific deadlines for filing wrongful death lawsuits, and it is critical to meet these deadlines. If you miss the deadline, you will forfeit your right to sue.
A skilled wrongful death lawyer can explain how a statute of limitations works and can ensure that you file your lawsuit within the required time frame. The other factor that influences the length of time a wrongful death lawsuit will take is how long it will take to settle your claim. Wrongful death settlements are negotiated, so the insurance company will need time to review your case and reach an acceptable settlement with you.
Who Can File a Wrongful Death Claim?
In New York, children and other family members may be eligible to file a wrongful death claim. In order to file a wrongful death claim, a family member must be appointed by the Surrogate’s Court and issued letters of administration. This person represents the estate of the deceased and is authorized to testify, sign documents, and otherwise participate in the wrongful death suit.
Other people who may be able to file a wrongful death claim include the deceased’s spouse, parents, or siblings. A wrongful death claim can also be filed by the executor of the deceased’s estate. This party can sue government agencies or private entities that are liable for the victim’s death under the state’s Dram Shop laws or other relevant laws.
Wrongful death lawsuits in New York allow family members to seek justice and compensation when a loved one dies due to another party’s negligence or intentional actions. These lawsuits typically involve proving that the defendant breached a duty of care owed to the deceased, directly causing their death. New York law permits certain family members, such as spouses, children, and parents, to file such claims. Damages may include compensation for funeral expenses, lost income, and the emotional suffering endured by survivors. Successfully navigating these cases requires legal expertise to navigate the complexities of New York’s laws and court system.