The death of a loved one is one of the most difficult things a person can experience. The pain of loss can be even deeper when that death was the result of someone’s avoidable and irresponsible actions.
At Chaikin Trial Group, we are committed to helping families who’ve experienced loss find justice and answers. Our personal injury lawyer in Babylon can help surviving family members file a wrongful death lawsuit against the responsible parties to seek compensation for their losses.
Nothing can truly fill the void that loss can create. But a wrongful death settlement can provide accountability under the law and secure the financial stability necessary to heal and move forward. Contact our offices today to speak to a wrongful death lawyer in Babylon.
What is a Wrongful Death in New York?
Some deaths are tragic accidents, but some are the direct result of people’s careless actions or omissions. A wrongful death in New York is any death that is caused by someone’s wrongful conduct. This could include intentional acts—like assault and battery—or negligent behaviors, like running a red light and causing a traffic death.
Importantly, wrongful death is different from criminal homicide. The same act giving rise to a wrongful death claim may also create a homicide trial. But crimes are a criminal matter, while wrongful deaths are a civil matter. A person does not need to be guilty of a crime to have a wrongful death claim brought against them.
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Types of Wrongful Death Accidents in Babylon
What matters in a wrongful death claim isn’t so much the manner of death but whether the death was the result of some party’s negligent or criminal actions. One way to think about a wrongful death claim is a personal injury lawsuit the deceased would’ve filed if they’d survived their injuries.
Below are common types of accidents that may generate wrongful death claims in New York:
- Motor vehicle accidents. Negligent motorists or defective auto parts can cause fatal car, truck, and motorcycle accidents.
- Bicycle and pedestrian accidents. Cyclists and pedestrians can be struck by inattentive motorists at crosswalks, in bike lanes, and in parking lots.
- Slip and fall accidents. Falls from wet flooring, uneven floorboards, cracked walkways, or unsafe railings can cause death if the victim lands on their head or spine.
- Premises liability accidents. Faulty or dangerous property conditions, like faulty wiring, can cause death to guests inside homes and businesses.
- Construction accidents. Construction workers and non-employees can sustain injuries from falling objects, defective construction equipment, or a lack of safety equipment.
- Work fatalities. Many employees face dangers on the job, such as transportation workers and motor vehicle accidents.
Surviving Family Can Recover Compensation for Their Losses
When a person dies a wrongful death, the law states their family is entitled to just and fair compensation for their losses. This can include compensation for losses such as:
- Reasonable funeral and burial expenses
- Health care expenses before the deceased passed away
- Missing financial support the deceased would have provided
- The value of replacement household services (e.g., housekeeping or childcare) that the deceased would have provided.
- The value of any lost inheritance, care, or guidance
- Interest on damages from the date of death
Note that families in New York can only recover compensation for their economic (‘pecuniary’) losses in a wrongful death claim. They cannot recover non-economic compensation for emotional distress or mental anguish.
In rare cases, a court may also authorize punitive damages if the offender displayed especially egregious or malicious conduct. These damages are meant to punish the responsible party and deter future bad behavior.
Who Can File a Wrongful Death Lawsuit in Babylon?
Financial compensation from a wrongful death lawsuit goes to the deceased’s surviving family members. But only the deceased’s personal representative can actually file a wrongful death lawsuit with the court in New York. This is the person named in the deceased’s will as their executor.
In many cases, the personal representative is a family member, but this is not necessarily the case. If the deceased had no representative named when they died, the court will appoint one to oversee their estate and affairs.
Time Limit for Filing a Wrongful Death Lawsuit in Babylon
In most cases, the deceased’s personal representative has two years to take legal action for a wrongful death. This two-year timer commences from the date of death, which may be different from the day the fatal accident occurred. This time limit is applicable in most wrongful death cases involving negligence.
The exception to this is for wrongful death claims involving a criminal charge. In these cases, the personal representative has one year from the date the criminal trial ends to bring a lawsuit to the courts.
In either case, you have limited time to pursue financial compensation, so it‘s best to start early. A lawyer can ensure you meet all filing deadlines and reduce the risk of receiving a denial for waiting too long.
Contact a Babylon Wrongful Death Lawyer
No one can turn back the clock and return your loved one to you. But a personal injury lawyer from our firm can pursue justice on their behalf. Chaikin Trial Group has recovered over $100 million for clients all across New York state and will fight aggressively for your and your family’s interests. Let us help you shoulder the burden of navigating life after death.
Contact a Babylon wrongful death lawyer from our firm today to discuss your options.