If someone’s negligent or wrongful act directly leads to another person prematurely losing their life, then the civil cause of action that would have otherwise justified a personal injury lawsuit endures beyond that person’s death. Through such a wrongful death claim, it is possible for surviving family members of a deceased person to seek compensation for various losses caused by their loved one’s death from the party responsible for causing it.
Civil cases of this nature can be uniquely challenging to effectively pursue. There is help available from compassionate personal injury attorneys who understand what you are going through and have experience helping other people through situations similar to yours. Once retained, a Commack wrongful death lawyer could fight tirelessly to protect your family’s interests and help you secure the restitution you deserve for the loss you have experienced.
Time Limits for Wrongful Death Litigation
According to New York Estates, Powers & Trusts Law § 5-4.1, a two-year statutory filing deadline applies to most wrongful death claims in Commack. This two-year period starts on the date of the decedent’s death. If interested parties do not file suit before that period expires, they could permanently lose the right to seek financial recovery for their family member’s death.
Notably, the applicable deadline for wrongful death cases can vary somewhat depending on the exact cause of the wrongful death in question, as a Commack wrongful death attorney could explain. For example, if someone wrongfully loses their life due to negligence by a medical professional, the filing period for any wrongful death claim would be two years and six months past the decedent’s date of death.
Additionally, if there are pending criminal charges against the person who would be the defendant in a civil wrongful death claim, the statute of limitations may be extended up to one year after the conclusion of the related criminal case.
Recovering Comprehensively for Available Losses
In New York, the right to pursue a wrongful death claim lies exclusively with the personal representative—also known as the “executor”—of the deceased party’s estate. While this representative has the authority to recover compensation on behalf of surviving family members and beneficiaries of the decedent, none of those family members can file suit themselves unless they are serving in the role of executor.
A successful wrongful death lawsuit may demand restitution for the full value of all losses sustained by surviving beneficiaries as a direct consequence of the death in question. That includes both objective financial expenses and subjective personal forms of harm. Specific damages that a wrongful death lawyer in Commack could potentially factor into a claim include:
Reasonable expenses for healthcare that the decedent received prior to their death, as well as for funeral and burial costs
Lost financial support from the decedent
Lost parental guidance and care
Lost household services
Lost future inheritance
Pain and suffering the decedent experienced before their death
However, surviving family members cannot recover for their own pain and suffering, or for loss of companionship or consortium caused by a wrongful death.
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Learn How a Commack Wrongful Death Attorney Could Help
No amount of money can make up for a loved one’s life being unfairly cut short, nor can it fill the gap that their death may leave in the lives of family members and friends. That being said, recovery through wrongful death litigation can still be crucial to protecting your financial security after such a tragic accident, especially if the decedent was the primary breadwinner for your household.
A Commack wrongful death lawyer could review all of your rights and recovery options with you in detail during a confidential consultation. If the death was caused by a truck accident, you will be needing the legal assistance of a Long Island truck accident attorney. Schedule yours by calling today.