How wrongful death claims of a child are determined
The death of a child is devastating. If it is possible for it to be even worse, a
James Alexander Law
Wrongful Death Lawyers
Attorneys In New York
Losing a loved one is a painful experience. It can be even more devastating when someone is killed because of another’s negligence. Our wrongful death lawyers at James Alexander Law help families in New York find justice for lost loved ones and hold responsible parties accountable for their wrongdoing.
What is Wrongful Death?
When someone dies due to the carelessness, negligence, or intention of another person or entity, the deceased’s estate may be able to file a wrongful death claim. Typically, a wrongful death claim can be filed if the deceased person could have pursued a personal injury claim had they lived.
Who Can File a Wrongful Death Claim in New York?
In New York, the personal representative or executor of the deceased’s estate must file a wrongful death claim. However, their heirs and beneficiaries will receive any damages that may be awarded. This may include spouses, children, parents, and any other parties named as beneficiaries in their will, trust, or estate. If you believe you may have a case, our personal injury lawyers are happy to answer any questions you may have about any potential claim.
Common Types of Wrongful Death Cases
There are many different situations in which a wrongful death may occur. Some of the most common include:
- Motor vehicle accidents
- Workplace accidents
- Nursing home abuse
- Medical malpractice
- Defective products
- Slip and fall accidents and other types of premises liability
- Violent acts and criminal conduct
Our central New York personal injury lawyers have decades of experience handling all types of personal injury claims. We can evaluate your case and advise you of whether you have a viable claim for wrongful death damages.
Recovering Damages in a Wrongful Death Case
Several elements must be present for a wrongful death claim to be successful. A person must have died because of the negligence or recklessness of another party, the deceased could have brought a personal injury claim against that party had they lived, and survivors of the deceased have suffered economic losses because of the death. It’s also important to consider whether the negligent parties have the means to pay any damages that may be recovered in a wrongful death claim.
You may be entitled to recover damages such as:
- Funeral and burial expenses
- Medical bills related to the deceased person’s final injury or illness
- Pain and suffering the deceased endured due to their injury or illness
- Future financial support the deceased would have contributed to the family
- Support and services the deceased would have provided to the family
- Loss of parental nurturing, guidance, affection, and love to surviving children
- Loss of consortium
- Lost inheritance
Although it’s rare, if the negligent party acted in a particularly egregious manner or intentionally harmed the deceased, you may be awarded punitive damages as well. Punitive damages are intended to punish the defendant for their conduct and deter them and others from committing similar acts.
Your local, dedicated attorneys, James Alexander Law, understand how to accurately value your claim and prove negligence.
How Long Do You Have to File a Wrongful Death Claim?
If you believe your loved one wrongfully died at the hands of another, it’s important to take action. Generally, the statute of limitations for filing a wrongful death claim in New York is two years from the date of the person’s death. If you fail to file a lawsuit before this deadline, you lose the right to pursue damages in a wrongful death claim.
Why Choose Us?
Our wrongful death attorneys understand that after losing a loved one, families are more concerned with grieving than exploring legal options for recovering compensation. We’re your caring, compassionate local defenders who take the weight off your shoulders so you can focus on supporting each other and healing. We handle all communications and negotiations with insurance companies and are well-versed in the tactics they employ to minimize or deny claims. We’re dedicated to fighting for you and your loved one – our team has a proven record of success in recovering compensation for families throughout the state of New York.
Although no amount of money can bring someone back, a wrongful death claim can give families some sense of justice and help with the financial difficulties they may face due to their loved one’s passing. Your initial consultation is always free, and you won’t pay attorneys’ fees unless we recover compensation for you.
Schedule A Consultation With A Wrongful Death Lawyer In New York
If you’ve lost a loved one and believe their death was caused by negligence, James Alexander Law, can help. Contact us online or call 1-800-529-1333 to schedule a free consultation with a wrongful death attorney. Our personal injury lawyers serve clients in Central New York, Rochester, and the Southern Tier and North Country areas.
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Violence
Manufacturers of defective products such as dangerous drugs, defective appliances, and defective medical devices may be held liable for personal injury and death that occurs due to the use of their defective product.
Defective Product
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Car accidents and pedestrian deaths are some of the most common causes of wrongful death lawsuits. In a fatal auto accident wrongful death lawsuit, the victim’s family members must be able to provide proof that the at-fault driver demonstrated negligent or reckless behavior.
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Wrongful death in the workplace involves an employee who was working at the time of their death.
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FREQUENTLY ASKED QUESTIONS
Who can file a wrongful death lawsuit?
In New York, the personal representative of the deceased’s estate must file the claim on behalf of family members.
What damages can be recovered in a wrongful death claim?
Compensation may include funeral costs, lost income, medical bills, and loss of companionship.
How long do I have to file a wrongful death claim?
In New York, the statute of limitations for wrongful death cases is two years from the date of death.
