New York Wrongful Death Lawyer
Fighting for Your Legal Rights in a Wrongful Death Claim
No one should have to suffer the unexpected and preventable death of a family member who has been killed through negligence, carelessness, or intentional malice. This type of situation occurs all too often, most commonly in traffic accidents where an at-fault driver injures someone who dies at the scene or later. In such cases, family members are left in shock, grief, and loss over such a senseless death. If the deceased was a breadwinner for the family, they can also be left permanently without financial support while facing medical bills and other expenses resulting from the death of their loved one.
If you have lost a loved one through a wrongful act in New York, you have the legal right to seek compensation through a wrongful death claim against the negligent or at-fault party. At T. A. Blackburn Law, PLLC, we can provide the assistance you need in pursuing justice. While nothing can ever bring back your loved one, a wrongful death claim can provide you with financial resources and hopefully bring a measure of closure to your loss. Our firm offers compassionate and competent legal representation in such sensitive matters. We urge that you reach out to our firm to learn more about how we can help.
Wrongful Death Cases in New York
In New York, the plaintiff (the party seeking damages) must demonstrate to the court that the wrongful death occurred and was caused by the wrongful act or conduct of the defendant and that the deceased person could have sued for damages in a personal injury claim if he or she had lived. The plaintiff must also show that the deceased person left behind one or more individuals who suffered loss due to the death and that the estate should recover damages.
Wrongful deaths can are most commonly caused by traffic accidents but can be the result of medical malpractice, workplace accidents, criminal attacks, and other negligence-based incidents.
Who Can File a Wrongful Death Claim in New York?
In New York family members are not allowed to bring a wrongful death claim to court. New York law requires a wrongful death claim for “wrongful act, neglect, or default causing death of the decedent” to be filed by the deceased person’s personal representative. This person can also be known as an “executor.” This differs from many other states that allow a family member to be the representative of the deceased person's estate.
What is the Statute of Limitations on a Wrongful Death Claim?
Wrongful death claims in New York must be filed within a two year period from the date of the person’s death. However, there are a few exceptions to this rule. For example, if the wrongful death was caused by medical malpractice, the statute of limitations is two and a half years. Another example is if the person who caused the wrongful death has a criminal case against them that is pending because of the wrongful death, the statute of limitations deadline is one year after the date the case ends.
What Damages are Recoverable in a Wrongful Death Claim?
Damages can be recovered by the personal representative of the deceased person’s estates. This representative will be seeking those damages for both the surviving family members such as spouses, children, and parents as well as the estate. They can include both economic (actual financial expenses) as well as non-economic (intangible) damages.
These damages can include but may not be limited to:
- The cost of the funeral and burial
- The cost of the medical expenses for the injuries incurred by the deceased person before death
- The lost income, wages, or benefits of the deceased person sustained from the injury until death
- A monetary value for the loss of support and services that was provided to family members by the deceased person
- A monetary value for the loss of parental care to any surviving children
- A monetary value for any loss of inheritance to the surviving children
- A monetary value for the pain and suffering experienced by the deceased person prior to death
Placing a monetary value on such issues as pain and suffering, loss of parental care and guidance, and loss of services can be a challenging matter which is why you will need the services of a qualified attorney. Our firm has the knowledge and resources to put such a claim together, to thoroughly investigate the death of your family member, to build a strong case for negotiation purposes or trial, represent you in negotiations for a settlement, or bring your case to civil court. We understand what is at stake for surviving family members who have suffered an untimely loss of this kind and will do everything possible to help bring you and your family the justice you deserve.
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T. A. Blackburn Law, PLLC valiantly challenges major corporations, government institutions, and those who irresponsibly wield their power to restore dignity to clients.
Mr. Blackburn knows that your case is worth pursuing and he will keep fighting until he has no fight left.
As someone who has faced discrimination and injustice himself, Mr. Blackburn understands what it takes to craft winning strategies.
Mr. Blackburn has taken several cases to administrative agencies like the EEOC and to State and Federal court, most of which have led to significant victories and settlements.
If you believe you were wronged, don't hesitate to get legal counsel and representation by a skilled and knowledgeable attorney. Reach out to T. A. Blackburn Law, PLLC today to speak with an attorney today.