Five Things to Know About Wrongful Death Lawsuits in New York By Gary Zucker on June 19, 2021

Lighted tea candlesLosing a family member to an accident that was the result of someone else's negligence is one of the most overwhelming and devastating experiences one can have. Unfortunately, the loss can also have a major impact on the family's finances and quality of life.

New York has its own set of wrongful death laws, which can make it difficult to file a lawsuit. An experienced Brooklyn, NY, wrongful death lawyer at Zucker & Regev, P.C. can provide a number of services and help you pursue a wrongful death lawsuit in New York state.

1. What New York Considers a Wrongful Death

New York's law defines a wrongful death as one that results from "a wrongful act, neglect, or default." Some common types of accidents or incidents that can cause a wrongful death lawsuit include:

  • Motor vehicle accidents
  • Medical malpractice
  • Slip and fall or other premises liability accidents
  • Dangerous products

2. Who Can File a Wrongful Death Lawsuit in New York?

A wrongful death lawsuit can be filed in New York by:

  • The spouse of the deceased
  • The deceased person's children
  • The parents of a deceased minor child
  • A named or appointed personal representative of the estate

3. The Type of Compensation that Can be Received from a New York Wrongful Death Lawsuit

If you have lost a loved one in Brooklyn as a result of a wrongful death, you can obtain compensation for the following expenses and psychological impacts associated with the loss, including:

  • Expenses related to the death, including medical expenses from the treatment of the deceased's final injury or illness and the cost of funeral services, burial, or cremation.
  • Conscious pain and suffering that was experienced by the decedent in the time period between injury and death.
  • Loss of earnings and benefits that the decedent would have been reasonably expected to earn if they had survived.
  • Loss of companionship that the deceased provided to their family members.
  • In cases in which the death resulted from an egregious act of recklessness, the family can also collect punitive damages. These are damages that are not intended to compensate the family for expenses or impacts, but rather are ordered as a financial consequence of the defendant's actions.

4. The Time Limits for Filing a New York Wrongful Death Claim

In most cases, your wrongful death claim must be filed within two years of the date on which the death occurred.

5. An Experienced Attorney is Crucial

Insurance companies for at-fault parties in wrongful death cases know that the family is going through some of the toughest days they will ever experience. Unfortunately, they often use this knowledge to their advantage by convincing the claimants to accept a ridiculously low settlement offer in exchange for a quick resolution to the case. An experienced Brooklyn wrongful death lawyer from Zucker & Regev, P.C. is aware of these tactics and will fight on your behalf for the compensation your family needs to move forward after profound loss. For a free case evaluation, contact us online or by calling (718) 624-1211.

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The Zucker & Regev team

Zucker & Regev, P.C. Personal Injury & Medical Malpractice Lawyers

At the Law Firm of Zucker & Regev in Brooklyn, NY, we represent victims of negligence, medical malpractice, wrongful death, and other personal injury cases with dozens of verdicts worth over $1 million. Our attorneys are affiliated with:

  • The American Bar Association
  • The New York State Bar Association
  • The Brooklyn Bar Association
  • The American Trial Lawyers Association
  • The New York State Trial Lawyers Association

If you are the victim of a personal injury or medical malpractice case, we want to help you. Schedule a consultation today by contacting us online or calling (718) 624-1211.

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