A wrongful death claim is a lot like a personal injury claim in that negligence plays a role and someone believes that they are owed damages. There are some key differences in how these two types of claims can play out though. If your loved one passed away in an accident, it’s a good idea to consult with our Westchester County wrongful death attorneys and learn more about your legal options.
Who Can File a Wrongful Death Claim?
When a personal injury claim is filed, the person who got injured is able to file the claim themselves and pursue damages. This obviously would not work for someone who passed away in an accident.
A surviving family member can file a wrongful death claim on behalf of the deceased, but who gets to file depends largely on state laws. In New York, the surviving spouse gets first priority. If someone is not married, one of their children can make the claim. If they do not have children, then a surviving parent would be able to file a lawsuit. When someone passes away without any surviving children, parents, or spouse, then more distant relatives may be allowed to make a claim.
What Kinds of Damages Can Be Won?
Damages in a wrongful death case are similar to those in a personal injury case. The economic costs, like medical bills, obviously need to be considered, but it’s also important to make sure that the pain and anguish that a family goes through is part of the calculations. This is especially important with a wrongful death claim. It’s impossible to replace a lost family member, but compensation can help ease a transition by addressing things like:
- Your loved one’s last medical expenses
- Funeral and burial costs
- Loss of companionship and guidance
- Loss of your loved one’s economic contribution to the household
- Pain and suffering experienced by your loved one and the rest of the family
How Long Do I Have to File a Wrongful Death Claim?
If you plan to file a wrongful death claim, we wouldn’t recommend wasting any time. It can be easier to gather evidence and find witnesses if you act quickly, but you also have to keep the statute of limitations in mind.
New York gives you two years to file a wrongful death claim. Wait any longer than that and your case is likely to be thrown out.
Talk to a Lawyer Today
So if you think that you have a valid wrongful death claim to make, contact our law firm. When you call or message Hausman & Pendzick, we can schedule a consultation and tell you more about what our attorneys can do to help you and your family in this trying time.