Suffolk County Wrongful Death Lawyer
Losing a loved one under any circumstances is one of the most difficult things a person will ever go through. However, when that death was caused by the error or negligence of someone else and therefore could have been avoided, it can be even more devastating. En Español.
A loved one may be able to bring a wrongful death lawsuit against the negligent party, but they will need the help of a Suffolk County wrongful death lawyer. An experienced accident attorney in Suffolk County can assist in navigating the claims process and ensuring those filing know what they should expect.
Causes of Wrongful Death
There are four main causes of wrongful death in the United States, and those hold true for Suffolk County as well. Those four causes are:
- Car accidents, when one party was found negligent due to drunk driving, excessive speeding, or other reckless behavior
- Medical malpractice, include surgical errors and birth injuries
- Defective products such as cooking equipment, vehicles, and recreation equipment
- Violent crimes, family members can still file a civil case even though criminal charges may have already been filed
Other causes of death that may warrant contact with a Suffolk County wrongful death attorney include:
- Construction accidents
- Slip and fall accidents
- Nursing home abuse and neglect
- Workplace accidents
Filing a Wrongful Death Claim in Suffolk County
It is never easy to lose a loved one, and there is no amount of financial compensation that can make up for the loss of love, companionship and support a person may have provided in their lifetime. However, compensation can still be sought to help families cope with funeral costs, medical bills, and loss of any future income the deceased would have earned in their lifetime.
While other states often allow an immediate family member to file a wrongful death claim, this is not the case in Suffolk County.
New York is very clear that only the ‘representative’ of the estate may file a wrongful death claim. This is typically the person that has been appointed executor personal representative of the deceased’s will.
This, however, does not mean that other family members cannot receive compensation; they simply cannot file the claim on their own. Instead, the executor will file a claim and any compensation granted to surviving family members will then be divided among them.
Even this can become complicated, depending on whether the deceased had children, a spouse, or living parents. It is important to speak to a wrongful death lawyer in Suffolk County that can fully explain how compensation will be divided.
Statute of Limitations
After losing a loved one, the last thing family members want to think about is filing a lawsuit and going to court. However, this is an important step to think about as those in Suffolk County only have two years to file a wrongful death lawsuit. This is the statute of limitations for any wrongful death claim in New York.
If the executor, or representative of the estate, is a child or is legally incapacitated from filing a claim, New York does not extend this statute of limitations. Instead, the legal guardian of the child or the incapacitated individual must file the wrongful death claim on that person’s behalf.
Contact a Suffolk County Wrongful Death Attorney Today
Losing a loved one due to the wrongdoing or negligence of someone else can make the loss that much more difficult to deal with.
If you have lost someone and believe someone else is to blame, contact a Suffolk County wrongful death lawyer at Goldstein and Bashner that can review your case and help get you any compensation you may deserve.
By: Neil A.
Title: Dedicated to their clients
I am an attorney who has known and worked together with Neal for many years. He is an excellent attorney, who always impresses me with his attention to detail, knowledge of the law, and unswerving commitment and dedication to his clients. I highly recommend him.