When a loved one dies unexpectedly, it can feel like the world has shattered. The pain runs deep, and the loss leaves a gaping hole in the lives of those left behind.
In New York, when a death is caused by someone else's negligence - whether it’s from a car accident, medical error, or another tragic incident - surviving family members may have the right to file a wrongful death lawsuit.
However, who pays for such a crime in NY, and how can wrongful death attorneys help during such a heartbreaking time?
Who Can File a Wrongful Death Lawsuit?
In New York, only certain people can file a wrongful death lawsuit. Typically, it’s the personal representative of the deceased’s estate - only if the victim didn't leave behind a direct relative.
Generally, any compensation from the wrongful death settlement is meant to help the surviving family members - those who have been directly impacted by the loss.
As a result, the heirs could include a spouse, children, or even parents. A wrongful death lawyer will help guide the family through this complicated legal process, ensuring their rights are protected.
Finding Out Who Pays Out During Wrongful Death Lawsuits
For fatal accidents happening in the Big Apple, the person or entity responsible for causing the death must pay.
This might be an individual driver in a car accident, a doctor in a medical malpractice case, or even a company if faulty products or unsafe conditions were involved.
The amount paid in wrongful death settlements depends on the circumstances of the case, but it’s intended to cover financial burdens, funeral costs, and the emotional toll placed on the surviving family members.
Wrongful death attorneys work tirelessly to secure this compensation, easing some of the family's stress in the wake of their loss.
In some cases, the defendant's insurance policy may be enough to cover the total losses incurred due to the wrongful death claim.
Most plaintiffs might find it unfair if the defendant doesn't pay out of pocket in such situations.
However, they can usually recover a larger settlement amount if the liable party's insurance company takes financial responsibility instead of the person(s) at fault for the crime.
The Role of a Wrongful Death Lawyer
A wrongful death attorney plays a critical role in wrongful death cases. They investigate the incident, gather evidence, and build a strong case to prove that negligence led to the untimely death.
The Law Office of Carl Maltese has years of experience handling wrongful death claims. They are also well versed in explaining who pays for a dog bite in NY.
Its team understands the unique pain and frustration that families go through in these situations. Their goal is to help their clients get the justice and compensation they deserve.
Whether it's to negotiate wrongful death settlements paid out or take the case to court, they stand by plaintiffs every step of the way.
The Statute of Limitations in Wrongful Death Cases
The legal system is built around time limits called the statute of limitations. In the Big Apple, the deadline for filing wrongful death cases is two years from the date of the person’s death.
Family members missing this deadline may lose their chance to seek justice and compensation forever.
The statute of limitations is important if plaintiffs or their representatives want to preserve evidence. Unfortunately, the longer people wait, the harder it can be to gather the needed proof to build a strong wrongful death case.
While the emotional toll is heavy, starting a wrongful death lawsuit within the two-year window gives loved ones the best chance to hold the responsible party accountable.
Exceptions to the Deadline
While two years is the general rule, there can be exceptions. In some cases, such as those involving government agencies, the timeline may be shorter.
That’s why families need to consult with wrongful death attorneys as soon as possible. A lawyer will know how to navigate these rules and determine if any exceptions apply to unique New York wrongful death lawsuits. They can also consult about who pays for a work injury in NY.
Factors Affecting the Settlement Offer in a Wrongful Death Case
One of the biggest factors in wrongful death settlements is the financial support the deceased used to provide to their family.
If the person who died was the primary breadwinner, their loss can have a huge impact on the family’s future.
The wrongful death settlement will often include compensation for lost wages, benefits, and the financial contributions the deceased would have made throughout their lifetime.
The Age and Health of the Deceased
On the other hand, the age and health of the deceased at the time of their death also play a major role in calculating the wrongful death settlement.
If the victim was younger and had many working years ahead, the settlement may be larger to account for the lost future income.
However, if the person was older or in poor health, the settlement might be lower, as their expected earning years were fewer.
The Relationship to the Remaining Family Members
The settlement amount in a wrongful death lawsuit varies in many ways. In one such event, if a parent passes away, the court will likely consider the financial and emotional impact on their children and spouse.
Thus, the closer the relationship, the higher the potential settlement might be. This is because the loss of companionship, guidance, and emotional support is factored in.
Funeral Expenses and Medical Bills
In a wrongful death suit, family members are often left with towering funeral charges and medical expenses.
These costs are typically included in a New York wrongful death case settlement offer. The amount paid will aim to cover these expenses, so the family doesn’t have to bear them alone.
Pain and Suffering
While the financial losses in a wrongful death lawsuit are easier to calculate, the emotional pain of losing a loved one is harder to measure.
However, courts do consider the emotional distress caused by the demise. This is especially true in cases where the death was sudden or violent, like in a car accident.
Final Words
Losing a loved one due to someone else’s carelessness is an unimaginable tragedy. No one should have to endure that kind of pain, and no family should be left picking up the pieces alone.
For families dealing with the heartbreak of losing someone they loved, filing a wrongful death lawsuit can feel overwhelming. The legal process, the pain of revisiting the loss, and the uncertainty about the future all weigh heavily on their shoulders.
However, such lawsuits also give families some peace of mind and the resources they need to rebuild their lives.
The Law Office of Carl Maltese understands that no amount of money can truly heal the wounds left behind after an untimely death.
Its team of experienced wrongful death lawyers is dedicated to helping families navigate this difficult time with compassion and care.