The surviving distributees (legal beneficiaries) of someone who died because of the wrongful act of someone else might be eligible for compensation from the at-fault party. A Floral Park NY wrongful death lawyer could file a wrongful death lawsuit on behalf of the qualifying beneficiaries.
We understand that you have many things on your mind and a long list of things that you need to take care of because of your loved one’s untimely death. However, New York law does not give you much time to take legal action against the negligent party.
Who Can get Sued for Wrongful Death in Floral Park, New York?
If someone else’s wrongful act caused your close relative’s death, the person or party who committed that act can be liable for the harm they caused, according to EPT § 5-4.1. The wrongful act could be neglect, carelessness, an omission, or an intentional act.
Here are some examples of wrongful acts that could lead to a wrongful death lawsuit:
- Neglect. A caregiver failed to administer a homebound client’s medications, and the client died as a result.
- Carelessness. A drunk driver caused a fatal accident.
- Omission. A security company was under contract to patrol around a hotel in a high-crime downtown area and failed to do so. Because of this omission, a hotel guest was assaulted and killed in the parking lot.
- Intentional act. Someone who murders another person can face a civil lawsuit for money damages in addition to possible criminal charges.
The defendant in the wrongful death lawsuit does not have to have intended to kill or even harm the decedent. The law only requires that a death happened because of someone’s wrongful death.
When the Act is not Wrongful
If the act was not wrongful, there is no liability. For example, if you were pushed into another person that fell into the street in front of a bus, you did not commit a wrongful act. The person who shoved you, however, can get sued in a wrongful death lawsuit.
Do I Have a Winnable Wrongful Death Claim?
If you meet the requirements of New York’s wrongful death legislation, EPT § 5-4.1, you could qualify for money damages from the party who caused your close relative’s untimely death. A Floral Park NY wrongful death lawyer can talk to you and determine whether your claim is likely to be successful.
Can Anyone File a Wrongful Death Lawsuit in New York?
EPT § 5-4.1 says that the personal representative of the deceased person or the distributees can maintain a legal action to recover monetary damages from the at-fault party. The legal beneficiaries could be a surviving child, spouse, or parent. Depending on the circumstances, the decedent’s siblings or cousins could file the lawsuit.
How Much Money Can I get in a Wrongful Death Claim Settlement?
The decedent’s estate can pursue compensation for the medical expenses, funeral and burial costs, and pain and suffering the deceased person experienced from the moment of the injury until the time of death. The bottom line is that the decedent would have been able to sue the at-fault party in a personal injury action if the victim had not died.
The qualifying survivors can seek “any other lawful element of recoverable damages,” according to EPT § 5-4.3. These money damages can include the loss of financial and other support from the decedent, intangible losses like loss of companionship, and sometimes punitive damages. The amount of financial support to the surviving family should consider the amount of income taxes the decedent would have had to pay on those earnings if alive.
How Soon do I Have to File a Wrongful Death Lawsuit?
New York law generally gives you two years to file a lawsuit for wrongful death, according to EPT § 5-4.1. Two years can go by quickly after losing a close relative or spouse. Between dealing with the grief and emotional loss, you can also face issues with the Social Security Administration, life insurance company, and handling the decedent’s estate.
You might be working harder than ever to make ends meet without your deceased loved one’s financial support. If you miss the filing deadline, New York’s statute of limitations can forever deny you the right to hold the at-fault party accountable for taking the life of your close relative.
How Expensive Is it to Have a Wrongful Death Lawyer Represent Me in My Claim?
You will not have to pay any upfront legal fees to get our help on your wrongful death case. Many people face financial hardship after the death of a loved one. The last thing that you need at this time is another bill.
Instead of upfront legal fees and getting charged for every hour that we work on your case, we handle personal injury cases like wrongful death claims on a contingency-fee basis. A contingency-fee arrangement means that we get paid out of the settlement proceeds or court award at the end of the matter.
How Can I get Legal Help for a Nassau County Wrongful Death Claim?
At the Law Office of Cohen & Jaffe, LLP, we will be happy to evaluate your situation at no cost and let you know if we can help you. We go the extra mile. You get to focus on rebuilding your life because we can take care of everything else. We are proud to deliver responsive legal care to our clients.
We take the time to listen to you and answer your questions. We return your phone calls and respond to your emails. You will know the status of your claim because we provide frequent case updates. You will receive your attorney’s phone number so you can easily reach the person who works on your claim. You can call us today at (516) 358-6900 for a free, no-obligation consultation.
For a free legal consultation with a wrongful death lawyer serving Floral Park, call 516-358-6900