Huntington Wrongful Death Lawyer
When a loved one passes away due to an accident, their family can become overwhelmed with juggling medical bills, burial and funeral arrangements, and anticipating estate issues while grieving for their lost family member. However, if the death was caused by someone else’s negligence, surviving family members can seek compensation to help with the financial burdens that come with the passing of a loved one.
In Huntington, a wrongful death lawyer could help recover funds for the deceased’s incurred damages as well as the family’s subsequent losses. An attorney could help a personal representative or family member file a civil cause of action, so that they can bring their sole focus to grieving their loved one.
Determining a Wrongful Death Claim
The state’s laws defining wrongful death can be found in the New York Estates, Powers, and Trusts Code. It outlines five elements that a legal representative must establish for a successful wrongful death claim:
- The death of the individual
- The death was caused by the wrongful or negligent actions of another
- There are surviving family member/s who have suffered losses as a result of the death
- The wrongful conduct could have been the subject of a lawsuit, with recoverable damages, had the deceased person survived
- There are recoverable damages the deceased’s estate can seek
State law mandates that a wrongful death suit be filed within two years. This is known as its statute of limitations, and it applies to all cases in Huntington.
Who Can File A Wrongful Death Lawsuit in Huntington?
Many states, New York included, place limitations on who can file a wrongful death lawsuit. According to state law, the deceased’s spouse, children, and parents are eligible to file a wrongful death suit. Another option is to have the deceased’s personal representative file the suit on behalf of their estate. A representative is usually named in the will as an executor, and any damages recovered will be received by the estate instead of an individual. A qualified legal advisor in Huntington could help determine who should file a lawsuit and who could recover losses ensuing wrongful death.
The recoverable damages are designed to compensate the family for the expenses incurred by the deceased individual due to the accident, but also to offset the losses they will bear now that their family member is gone. Plaintiffs are eligible to recover:
- Medical costs the deceased accrued after the accident
- Funeral and burial expenses
- Future lost wages of the deceased
- Lost wages and benefits of the plaintiff
- Pain and suffering damages the deceased suffered in the accident
- Lost inheritance and parental care
- Value of the support and companionship they lost due to the death
New York also adds nine percent interest on any damages awarded, starting from the date of death.
Seek Professional Help from a Wrongful Death Attorney in Huntington
If you have suffered the loss of a loved one in Huntington due to someone else’s negligence, you could benefit from the assistance of a wrongful death lawyer. An experienced attorney can inform you of your rights, explain your legal options, and help you file a lawsuit if necessary. They could also deal with insurance companies, other attorneys, and anyone else, in order to make this stressful time easier for you and your family. Call today to schedule your consultation.