Bohemia Wrongful Death Lawyer
If the passing of your loved one was due to another person’s negligence, no amount of money can truly compensate for your loss. However, recovering fair compensation for the financial and emotional damages incurred because of your loved one’s death may make your loss a little easier to bear. A wrongful death lawsuit filed alongside a Bohemia wrongful death lawyer may offer a way to compensate surviving family members for the loss of their loved one. With the help of a knowledgeable personal injury attorney, you could seek financial restitution for your loved one’s lost wages, pain and suffering, anticipated earnings, funeral expenses, and medical care, including treatment and hospitalization.
Filing a Wrongful Death Claim
To file a wrongful death claim in New York, the filing party must prove that the act, or negligent acts, would have entitled the now-deceased person to file a claim to recover damages if the person had survived their injuries. They must also prove that there are surviving persons entitled to receive a share of the deceased’s estate—a group which may include children or dependents—and that monetary damage occurred as a result of your loved one’s death.
Furthermore, the statute of limitations applicable to Bohemia wrongful death cases requires plaintiffs to file their claims within two years of the date of their loved one’s death. New York state law goes on to specify that a wrongful death lawsuit can only be filed by specific parties, such as:
- The deceased’s spouse
- The deceased’s child
- The deceased’s parent(s)
- A personal representative for the estate of the deceased
A claim cannot be filed by the deceased’s cousins, sister(s), or brother(s), unless they were the deceased’s named guardian or personal representative. A Bohemia wrongful death lawyer could go into further detail about which parties may be eligible to participate in such a lawsuit. Reach out to a compassionate attorney today to learn more about filing a claim.
Potentially Recoverable Damages
Typically, wrongful death lawsuits seeking economic damages also seek restitution for pain and suffering experienced by the deceased person prior to their death. Some states do not allow plaintiffs to seek these non-economic damages in a wrongful death suit, but the state of New York allow these claims to be legally transferred to the deceased’s estate, which is administered by a personal representative.
In addition, certain family members and others who were financially dependent on the deceased may file a wrongful death claim seeking compensation for lost earnings, loss of companionship, and other damages resulting from their loved one’s death. Unlike damages for pain and suffering, which are based on the experiences of the deceased, these non-economic damages are meant to make up for the intangible losses experienced by surviving parties.
Unfortunately, it is not unusual for insurance companies and defense attorneys to attempt to drag out the legal process and wear down plaintiffs so that they will drop their wrongful death lawsuit in the early stages and agree on a settlement that offers much less than they may be entitled to receive. A qualified Bohemia wrongful death lawyer could provide assistance through every step of the legal process and work assertively to obtain the full compensation that an accident victim’s surviving family members deserve.
Call a Bohemia Wrongful Death Attorney
After the tragedy of a wrongful death, having the support of knowledgeable legal professionals who could help ensure you get the resources you need and fight for your rights can be critical. An experienced Bohemia wrongful death lawyer could help determine the parties responsible for your loved one’s death and the amount of compensation you may be eligible to recover through civil means. Call today to set up a confidential consultation.