New York Wrongful Death FAQ
There is a limited amount of time to file a death claim for negligence. This time limit is known as the statute of limitations. The statute of limitations for most cases of negligent death in New York is two years from the date of death, but in some cases, especially against a city or other governmental entity, the time to act It can be much shorter. The lack of presentation within two years could jeopardize the future of its potential demand. It is best to call a lawyer experienced in personal injury as soon as possible after death or injury so that your rights are protected.
A significant number of wrongful death lawsuits result from traffic accidents. If your loved one was killed by a distracted driver, speeding, intoxicated or otherwise careless, you could file a wrongful death lawsuit against the guilty party. Negligence can also be due to:
- Accidents due to slips and falls or trips and falls
- Construction accidents
- Transport accidents
- Aviation accidents
- Defective products
- Medical malpractice
- Food poisoning
- Act of violence
Murder is one of the many types of culpable homicide. You have the right to sue someone for civil damages if he or she killed your loved one. You can also sue someone whose act of negligence resulted in an unjust death. Therefore, unjust death can involve an intentional act, but it can also be an act of imprudence or carelessness.
The individuals who are responsible for the death of someone could face criminal charges for murder or homicide. He or she can face civil charges if the family of the decedent decides to file a lawsuit. During the criminal process, the prosecutor will have to prove beyond a reasonable doubt that the defendant is guilty. During a civil suit, the victim's family will only have to prove that the negligence or misconduct of the defendant contributed to the accident. You may recall that OJ Simpson was not convicted of criminal charges for the murder of his wife, but Nicole Brown Simpson's family successfully sued him in civilian courts. OJ Simpson did not go to jail for the murder, but the victim's family was able to hold him civilly responsible for the loss of his loved one.
There are a number of potential claimants in a wrongful death case. Determining who can file a claim can be a complex issue. Survivors who normally have the right to sue for wrongful death include:
- The spouse of the deceased
- The children of the deceased
- The parents of the deceased, if the victim had no children
- The parents of the deceased, if he or she was a child or minor
- Other people who depended financially on the deceased
- Brothers and sisters of the victim, if there are no parents or children who survive it
- The authorized public administrator if there are no relatives.
Mientras se prepara para presentar una demanda de muerte por negligencia, usted necesitará:
- Los detalles relativos a los hechos del incidente
- Los nombres de los testigos y la descripción de todas las pruebas que pueda tener
- Evidencia fotográfica, si la hay
- Copia de informe/ reporte policial o incidente
- Información del seguro para las partes involucradas
- Detalles relativos del salario y los beneficios del difunto
Su abogado puede obtener gran parte de la información anterior para usted.
No amount of financial compensation can adequately replace the life of a loved one. A successful death penalty lawsuit can, however, provide a family with the much needed financial support at a difficult time.
There are many factors that should be considered when calculating the value of a wrongful death claim. Was there someone responsible? Did the victim have a job? How long did the victim plan to work before retiring? There may be compensation available for future lost income. Other factors that will be taken into account are the victim's life expectancy, health, age, habits, earnings and previous benefits. Families of victims of wrongful death can also seek compensation for a number of other economic and non-economic losses.
Death by negligence is when someone is killed by an unlawful act or an act of negligence. If a person dies because of the wrongful conduct of another, the surviving members of the family of the deceased can file a wrongful death claim against those responsible for the death of that person. A wrongful death claim is separate from criminal charges and no proceeding affects or controls the other. This means that a defendant who has been acquitted in a murder case can still be sued in a civil action brought by the family of the victim for wrongful death.
About the legal office of Kenneth A. Wilhelm
The Law Offices of Kenneth A. Wilhelm is a litigation firm with a firm dedication to its clients. With more than 42 years of experience, our company strives to obtain the best compensation for those who have been injured or those who have lost a loved one due to an accident or the negligence of others. We handle cases related to personal injury, medical malpractice, negligent death, workers compensation, dental malpractice, motor vehicle accidents, including automobiles, buses, trains and trucks, pedestrian accidents, rape, paralysis, coma, seizures, illegal detention , lead poisoning, trips, slips and falls, falls on sidewalks or stairs, elevator accidents, construction accidents, erb paralysis, cerebral palsy, brain damage, blindness, Hearing loss, dog bite cases, fire and smoke inhalation accidents, bicycle accidents, falls from windows or scaffolding, food poisoning injuries, and many other types of accidents and injuries. Please contact us toll-free 24 hours a day, 7 days a week at 1-800-LAS-LAWS (1-800-527-5393). EVEN WE CAN GO TO WHERE YOU ARE. There are no attorney’s fees unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 states of the United States, please call us and we will try to help you with your case. Other toll-free numbers for us are: 1-800-RADIO-LAW, 1-888-WYPADEK,
If you found this article useful, please share it!