A Brief Overview of Wrongful Death cases

When a loved one dies as a result of negligence or fault of another person, a New York wrongful death lawyer often can help secure a settlement for the survivors. Wrongful death cases are common in New York, but contrary to a mistaken notion held by many, they are not brought on behalf of the decedent, but for the benefit of immediate survivors.

Nothing can adequately compensate for the wrongful death of a spouse, parent, or child. An automobile or drowning accident which robs a family of a little child can leave all who are affected devastated. A husband may rush out to purchase lunch from a fast food for the family, then never return, the victim of a drunk driver. A worker may be killed by falling debris at a construction site. An elderly person can be mauled by a vicious dog.

Wrongful Death Statute of Limitation

The possible scenarios that cause wrongful death are nearly limitless. However, there is a strict time limit for filing a claim. New York law has set in place a two year statute of limitations for almost every wrongful death suit. The clock begins the moment the victim dies. And time is not the only limitation for such cases. Generally an individual must be among the most immediate family to be selected to act on behalf of potential beneficiaries. This usually is a spouse, or in the case of the death of a child, a parent. This individual is deemed personal representative of the deceased, and is appointed by the Surrogate’s Court.

What Compensation Is Available?

Compensation cannot be sought for grief, strangely enough. Three forms of damages are available to claimants:

Complex tables and calculations are used to determine the amounts that may realistically be realized in a wrongful death claim. All the more reason a New York wrongful death lawyer can prove vital.

A New York Wrongful Death Lawyer Can Help

If you lost a loved one due to the negligence or fault of someone else, you may have grounds for a wrongful death claim. During the initial period of grieving after such a loss, seeking financial compensation may seem irrelevant, even distasteful. However, far too many families find that such a loss quickly leads to enormous financial problems. Call a New York wrongful death lawyer right away so that you avoid a rush to file before the statute of limitations runs out.

If you or a loved one has been injured in a New York personal injury accident, the experienced personal injury lawyers at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Please contact us at 1-800-WORK-4-YOU (1-800-967-5486) for a free and comprehensive consultation. 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 U.S. states, please call us and we will try to help you with your case.