New York is one of the busiest states in the U.S. Many residents deal with car accident cases leading to severe injuries and wrongful deaths in the state. If you or your loved ones face a car accident and wonder how you can get the rightful compensation for your losses, a personal injury lawyer in New York can help. Before hiring an attorney, understanding the depth of your claims is crucial. This article will walk you through all the important details you need to file wrongful death claims.
Key Factors to Remember for Filing Wrongful Death Claims in New York
As a New Yorker, understanding the local laws and their applicable scenarios is important. The following information can help you with the legal rights for families prepare well for legal representation.
Eligibility to File a Claim
The state of New York allows certain family members (of the deceased person) to file for a wrongful death claim. These members may include the surviving spouse, children, parents, or legal guardians. Additionally, the deceased person’s personal estate representative can also file for recoveries on behalf of the estate.
Statute of Limitations
In New York, the general statute of limitations (legal timeframe) for filing a wrongful death claim is two years from the date of the person’s death. The family members and eligible representatives must initiate legal proceedings within the designated timeframe to receive the rightful compensation. Failing to do so may lead to losing the legal rights for families to file a claim against the responsible party.
Recoverable Damages
Recoverable damage claims in a wrongful death case may include financial and other losses. Financial losses may cover medical expenses, funeral costs, and the loss of wages (of the deceased). Other losses may cover the emotional pain and suffering experienced by the surviving members of the deceased person’s family. You can discuss your case with a personal injury lawyer in New York to learn more about the recoverable damages.
Contributory Negligence
New York follows a comparative negligence law. It refers to the recoverable damages in a wrongful death claim that may be reduced in proportion to the deceased person’s negligence in the accident. Despite the ruling for contributory negligence, the surviving family may still recover some damages based on their legal claims.
Settlements Outside of Court
In certain cases, damage settlements in wrongful death cases may be made outside of court. The involved parties may come to an agreement about financial compensation to skip legal proceedings on each part. Consulting a personal injury lawyer in New York can help you decide the terms of such agreements. They can guide you on the effective ways to make settlements without involving a court.
Get Quality Legal Rights for Families Representation From Baez Legal!
The above information highlights all the important factors you should remember when filing claims for a wrongful death case in New York. Seeking expert legal advice can help you build a strong case against the responsible party. At Baez Legal, you can get expert legal representation from our personal injury attorneys. Get in touch with us today to discuss your case.