It is an unfortunate truth that wrongful deaths occur far too often in New York state. If you lost your loved one due to the carelessness of another person, you are likely going through emotional distress, and possibly even financial distress. In this case, follow along to discover how one of the proficient Queens personal injury attorneys at The Law Offices of George Poulos can help you in filing a wrongful death claim.
Who can file a wrongful death claim in New York state?
Unlike most states, only the individual who was designated as the personal representative to the decedent’s estate is entitled to file a wrongful death claim in New York state. However, under certain circumstances, this claim may be filed by any dependent, whether it be a surviving spouse, child, etc., that can prove that they are experiencing financial hardship as a result of the loved one’s death.
What is considered a valid wrongful death claim in New York state?
If your loved one passed away due to the negligence of another party, then, by New York law, you have a valid wrongful death claim on your hands. Such negligence can occur in a wide array of accidents, whether it be due to criminal activities, medical malpractice, faulty products, or dog bites, along with auto, slip and fall, and construction accidents.
Additionally, for your wrongful death claim, you must satisfy the burden of proof and provide the following evidence to the New York court:
- Your loved one lost their life due to another party’s negligence or recklessness.
- Your loved one lost their life under circumstances wherein they would have been entitled to financial compensation had their death not occurred.
- You, the decedent’s family member, have suffered financial hardship due to the wrongful death of your loved one.
What damages can I recover in my wrongful death claim?
Your wrongful death claim may allow you to recover the financial burdens you have suffered due to your loved one’s death, along with allowing you to achieve justice and hold the negligent party accountable. Some of the damages that are commonly claimed read as follows:
- The funeral and burial expenses.
- The loss of care and guidance the decedent provided.
- The loss of benefits suffered by the decedent’s dependents.
- The cost of medical care given to your loved one before they passed away.
- The cost of lost wages that your loved one would have provided to their dependents.
- The pain and suffering of the decedent due to their injuries or illness.
To accurately calculate the damages you require to be compensated, do not hesitate in reaching out to The Law Offices of George Poulos today.
Contact our Firm
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today.