Losing a loved one due to someone else’s negligence is one of the most painful experiences you’ll ever go through in life. Moving on after their passing, when you are struggling emotionally and financially, can be even tougher.
If your loved one’s death was caused by malpractice or negligence, you may be able to file a New York wrongful death claim. This article will address how you can seek justice through the wrongful death claim process.
Can I File a New York Wrongful Death Claim?
In the state of New York, You may file a wrongful death claim if you are a personal representative of the deceased’s estate. A personal representative is either the executor of the will or, when there is no will, someone who has been appointed administrator of the estate by the courts.
Wrongful death lawsuits seek to compensate the family members left behind after a death caused by negligence or malpractice. A wrongful death may be the result of a reckless driving, a fall from height, medical malpractice, a delayed diagnosis of cancer and many other causes. The wrongful death Attorneys at Bonina and Bonina, P.C. can help you determine if you have a viable claim.
Under New York law, you can file a lawsuit seeking damages such as:
- Pain and suffering caused by the injury, up until the day your loved one died;
- Medical, burial and funeral costs;
- Economic damages, such as lost earnings and loss of insurance coverage, as a result of their death;
- Hospital, Nursing and/or other medical expenses up until they died;
- The total value of services and support the deceased provided to their household, children, or other family members.
How a New York Wrongful Death Attorney Can Help You
New York does not allow family members to file separate claims for their individual pain and suffering. However, a claim can be made for loss of guidance and loss of support. If you are filing a New York wrongful death claim, it must be filed within 2 years from the date of your loved one’s death, however, if the City is a potential defendant, the claim must be filed within one year and a notice of claim must be filed within 90 days. If the case is not started within those time limits, the New York statute of limitations prevents you from filing a claim.
Contact Bonina & Bonina, P.C., a team of trusted wrongful death attorneys, who will not only help you navigate through the complicated legal waters of wrongful death litigation, but who will treat you with compassion and respect. Contact us at 1-888-MEDLAW1 (633-5291) or online today to receive a free consultation.