Carle Place Wrongful Death Lawyer
When a person is injured in a car accident, they may choose to file a personal injury lawsuit against the person who caused the wreck. These lawsuits can help accident victims seek compensation for the medical bills they incurred, the hit their paycheck took while they took time off to recover, and the pain and suffering they endured.
When a person is killed in an accident caused by someone else’s negligence, their family may file a wrongful death lawsuit on their behalf. New York law allows for wrongful death suits when a person is killed in an accident caused by no fault of their own. They may want to consider contacting a Carle Place wrongful death lawyer.
Understanding New York Wrongful Death Statutes
In New York, the surviving family members may file a wrongful death lawsuit following a fatal accident. Statutes allow the following family members to bring a suit:
- A child of the deceased
- A parent of the deceased
- A spouse of the deceased
- A personal representative for the estate of the deceased
Cousins and siblings of the deceased do not have the right to bring a wrongful death lawsuit in the state of New York unless they have been named the personal representative of the victim. Wrongful death claims must be filed within two years of the death of the victim.
While this may seem like a long time, surviving family members should reach out to a Carle Place wrongful death lawyer as soon as possible to ensure their eligibility.
What is the Process of Filing a Wrongful Death Case?
A wrongful death case starts when the family members of a deceased person meet with an attorney to determine if the circumstances of their loved one’s death merit a claim. The attorney will examine the particular case to see if another person’s negligence played a role in the individual’s death.
If they decide that a third party’s negligence was involved, they will collect different forms of evidence to build a compelling claim for compensation. For example, if the death occurred in a car accident, they would examine the police report from the crash, photographs of the accident scene, statements from witnesses of the collision, and the deceased person’s medical records, if applicable. This evidence can strengthen the family’s chances of recovering damages in a lawsuit.
What is the Length of an Average Case?
The length of a wrongful death case can depend on how much insurance is available when the legal claim is brought. The more insurance there is, the longer the process is going to take. Either way, these claims are generally longer than the average case, because this kind of case must first go to the Surrogate’s Court to clarify the proposed administrator or person appointed to the estate. After this, it could take between six to 18 months for a court to approve any settlement. A wrongful death case is completed when the judge in the Surrogate’s Court gives their permission to settle the case.
Compensation for Surviving Family Members
Losing a loved one unexpectedly can be expensive. Funeral costs and medical bills can wreak havoc on a family’s financials. Wrongful death lawsuits can help ease the pain of losing a breadwinner. Settlements often include compensation for:
- Medical bills. Even when a victim dies in an accident, they may incur medical costs in their final moments. A wrongful death settlement can ensure their family does not bear the weight of these bills.
- Funeral costs. Unexpected loss frequently makes for an expensive funeral. The cost of the funeral can be included in the settlement.
- Loss of earning capacity. When a family’s breadwinner dies, they often lose their way to pay bills. A wrongful death lawsuit can help ensure the survivors do not face financial hardship.
- Loss of companionship. No amount of money can make up for the loss of companionship that comes with the death of a loved one. Still, compensation can ease the healing process and ensure mental health services are available to the grieving.
These are just some of the kinds of compensation available to family members who have lost their loved ones in accidents. A Carle Place wrongful death lawyer can help survivors determine if they have a case.
How a Carle Place Wrongful Death Lawyer Can Help
An experienced, knowledgeable attorney is your best ally in the days and weeks following the unexpected loss of a loved one. Call a Carle Place wrongful death lawyer to begin your case. A confidential consultation can help clarify your legal rights and options moving forward.