A wrongful death claim is similar to a personal injury claim, but the types of damages awarded and the rules about who can file are different. If you are not sure whether or not you can file a wrongful death claim after the passing of your loved one, our Queens personal injury attorneys can tell you more about the process and how you could claim compensation.
Who Can File a Wrongful Death Claim?
A wrongful death claim can be filed in the same situation where a personal injury claim would be filed. If your loved one passed away due to injuries sustained in an accident, like a car crash or a slip and fall, and you believe that someone else was responsible for that accident, then you would make a claim and pursue compensation.
A key difference here is who would file the claim. When it’s a personal injury case, the injured party can take legal action. In a wrongful death case, the victim obviously cannot pursue damages on their own. A surviving relative would have to take legal action in their place. In New York, the spouse should have the right to make a wrongful death claim. If the deceased was not married, surviving children and then surviving parents would get priority.
What Kinds of Damages Can Be Won?
Damages in a case like this are similar to those won in a personal injury case. They address the economic costs associated with the accident, but they also help make up for those non-economic costs that can be so much harder to quantify. A fair compensation offer should be calculated with all of the following factors in mind:
- Your loved one’s last medical expenses
- Burial and funeral costs
- The loss of your loved one’s financial contribution to the household
- Loss of companionship or guidance
- Pain and suffering experienced by your loved one and their family members
How Long Do I Have to File a Wrongful Death Claim?
New York gives you two years to file a wrongful death claim. This is important to note, because the statute of limitations for a personal injury claim is actually longer. If you are not careful, you could end up filing a claim too late and be unable to claim compensation.
Do I Need a Lawyer?
A lawyer can help you take care of your case while you focus on caring for yourself and your family in this trying time. They can file your claim so that you do not miss out on your chance to claim compensation. They can also help you build the strongest possible case and negotiate for a fair settlement offer.
Schedule a Case Consultation
If you think that you have a valid wrongful death claim, contact the Law Office of George Poulos. We can schedule a consultation and tell you more about how our lawyers can help you hold any negligent parties accountable for the harm that they have caused.
