Although none of us will remain on this earth forever, a loved one’s absence will undoubtedly be felt for a very long time. Losing a loved one is incredibly difficult, especially if you know they would still be with you if someone else hadn’t been negligent. Those responsible for your loved one’s death should be held accountable.
Accidents that cause us to lose a loved one are sobering reminders of how unexpected life can be. There’s nothing that can get back those moments you’ll miss with your loved one, but recovering damages through a wrongful death claim can help you heal. By hiring an experienced wrongful death lawyer, you can have someone by your side to help you fight for your and your loved one’s rights.
What Constitutes a Wrongful Death Case in Hicksville?
According to New York law, wrongful deaths are deaths caused by a negligent or intentional act that would have given rise to a personal injury claim had the victim survived. In civil litigation involving wrongful deaths, the defendant may be ordered by the judge to compensate the surviving family members.
In essence, a wrongful death lawsuit is comparable to a personal injury case, but the injury leads to the victim losing their life. Four essential conditions—duty of care, breach of duty, causation, and damages—define personal injury claims.
These conditions take the following forms in wrongful death cases:
- The defendant owed a duty of care to the deceased.
- By acting in a specific manner, the defendant breached their duty.
- The defendant’s behavior—or lack thereof—led to the deceased’s injuries.
- The defendant’s actions directly caused the deceased’s death.
Any injurious accident, including auto accidents, medical malpractice, and intentional acts, might qualify as a wrongful act, neglect, or default, much as in other types of personal injury lawsuits.
Who Is Eligible to File a Hicksville Wrongful Death Lawsuit?
New York law specifies that a wrongful death lawsuit must be filed by the personal representative of the decedent’s estate, also referred to as their executor. In contrast to many other states, New York does not permit a family member to file a wrongful death lawsuit unless that family member is also the estate’s personal representative.
Recoverable Damages From a Hicksville Wrongful Death Claim
The last thing you want to be concerned about is money when someone you love passes away suddenly. However, when someone passes away, you may suffer significant financial losses. In a wrongful death lawsuit, the estate’s personal representative acts as the plaintiff seeking monetary damages to make up for the losses resulting from the victim’s accident and death.
The plaintiff might be entitled to compensation by filing a wrongful death claim for the following:
- Costs related to the deceased’s funeral and burial
- Loss of financial assistance for the deceased’s family
- Loss of consortium for the deceased’s partner
- The deceased’s medical care before their death
There is no standard formula for calculating the amount of damages you can recover, but with the assistance of an experienced lawyer, your side can secure a fair amount.
The Statute of Limitations for Wrongful Death Claims in Hicksville
The statute of limitations establishes a deadline for filing wrongful death claims. According to the state’s statute of limitations, personal representatives usually must file New York wrongful death claims within two years of the person’s passing.
Exceptions to New York’s Statute of Limitations
The standard two-year statute of limitations is subject to a few modifications. The deadline is extended to two and a half years from the date of the victim’s death if medical malpractice was the cause of death. For cases where there is a pending criminal case against the defendant because of the event that caused your loved one’s death, the statute of limitations is one year from the conclusion of the criminal case.
Cases involving wrongful death can be challenging, and the law is constantly evolving. A wrongful death lawyer should be consulted if you’re debating filing a wrongful death claim in New York. An accomplished wrongful death lawyer can explain how the laws apply to your specific case.
Consult Our Knowledgeable Hicksville Wrongful Death Lawyers
As your loved one’s personal representative, the process of mourning, honoring your loved one’s life, and preparing a lawsuit can be challenging. You can get support from a knowledgeable wrongful death lawyer to help you heal from this tragic event. With quality legal advice from the Law Office of Cohen & Jaffe, LLP, you can use a wrongful-death claim to ensure the negligent party is held responsible for their actions and recover damages.
At our firm, we will invest our time and energy into tenaciously defending your rights by drawing on our years of experience in these fields. To learn more about our firm and civil litigation, visit and subscribe to the Cohen & Jaffe Youtube channel. To arrange your initial consultation, contact us at (866) 924-1787 or our contact form.
For a free legal consultation with a lawyer serving Hicksville, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.