What could be worse than losing a loved one due to another person’s negligence? Virtually nothing. Unfortunately, people lose their lives as a result of the carelessness of others virtually every single day. If your loved one was recently killed in an auto accident, or any other type of accident, and the accident was not his or her fault, you may wonder whether you are eligible to file a wrongful death claim. Please continue reading and reach out to a seasoned Manhattan car accident lawyer from the Law Office of Richard M. Kenny to learn more about wrongful death claims and how we can help guide you through the process. Here are some of the questions you may have:
Who is allowed to file a wrongful death car accident claim in New York State?
In New York State, not every person affected by the loss of a loved one is allowed to file a wrongful death claim. Only one of the following may bring such a claim:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents
If the decedent has no spouse, children, or parents, the personal representative of the decedent’s estate may file a claim instead.
What damages can I sue for in a wrongful death claim?
In a wrongful death claim, you can sue for a wide range of damages, as long as you can prove that the individual would have had a valid personal injury claim, had they lived after sustaining their injury. Some of the damages you can sue for are as follows:
- The cost of funeral or burial expenses
- Loss of companionship or guidance
- Pain and suffering
- The cost of medical bills incurred by the individual prior to death
- Loss of enjoyment of life
- Emotional distress or mental anguish
How long do I have to file a wrongful death claim in New York?
In New York State, it is imperative that you file your claim sooner, rather than later. This is because the state has a statute of limitations in place concerning these claims. In New York, family members of victims will have two years from the date the individual died to file a wrongful death claim. Note that this two-year limit is shorter than the more standard three-year limit for other personal injury claims.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
