Experiencing the death of a loved one is one of the most difficult things that a person can go through. The financial and emotional fallout can be even more painful if the death was avoidable and the result of someone’s wrongful conduct.
If your loved one has died due to someone’s negligence, you need to speak to a Freeport personal injury lawyer about your options. Through a wrongful death lawsuit, you can recover financial compensation for any financial losses the death caused.
Chaikin Trial Group Personal Injury Lawyers has over 50 years of combined experience and understands the challenges of facing life after death. We can provide legal representation and seek justice and answers on your behalf. Call us today to speak to a wrongful death lawyer in Freeport.
New York’s Definition of Wrongful Death
New York law defines a wrongful death as any death caused by a wrongful act, neglect, or default. This includes deaths from both negligence (e.g., car accidents) and intentional actions (e.g., assault).
What matters for a wrongful death isn’t so much how the death happened but whether the death was the result of another person’s wrongful actions. With a wrongful death, the deceased person would have been able to bring a personal injury lawsuit if they had survived.
Wrongful Death vs. Criminal Homicide
A wrongful death is not the same as a criminal homicide. The same event that generates a wrongful death claim may also generate a corresponding criminal homicide investigation. However, homicide trials are a criminal matter, whereas wrongful deaths are a civil matter.
Not all wrongful deaths are crimes, and the responsible party doesn’t have to be convicted of a crime to be subject to a wrongful death lawsuit.
Further, wrongful death cases and criminal trials use different evidentiary standards. Criminal homicide trials use the very high “beyond a reasonable doubt” standard, while wrongful death claims operate on the lower “preponderance of evidence” standard.
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Examples of Wrongful Deaths
Below are some examples of situations that could justify filing a wrongful death claim in New York:
- A driver blows through a stop sign and causes an accident, killing the other driver.
- A truck driver falls asleep at the wheel and causes an accident with a pedestrian.
- A passenger vehicle crashes into a cyclist after changing lanes without signaling.
- A construction worker falls to their death because their employer doesn’t provide safety equipment.
- A tenant is electrocuted after their landlord neglects to perform routine electrical inspections.
In all of these cases, the death of the victim was caused by some party’s negligent actions or omissions. The negligent conduct is what generates the legal claim in a wrongful death lawsuit.
Compensation From a Wrongful Death Lawsuit in Freeport
New York law establishes that the deceased’s heir can recover any financial losses they suffered as a result of the death.
This may include:
- Medical bills and expenses incurred before death
- Loss of financial support that the deceased would have provided
- Cost of replacement services the deceased performed (e.g., childcare, housekeeping, etc.)
- Reasonable funeral and burial expenses
- Interest on damages
Note that New York law prohibits family from recovering damages for emotional distress in a wrongful death lawsuit. However, a Freeport lawyer for wrongful death may be able to file a separate emotional distress lawsuit if you witnessed the death and were in the immediate zone of danger when the death occurred.
Who Can Legally File a Wrongful Death Claim in New York?
Even though the funds from a wrongful death claim go to surviving heirs, only the deceased’s personal representative can file a wrongful death claim. The personal representative is named in the deceased’s will.
This person is often a family member, but it doesn’t have to be. If the deceased had no representative, then the court will appoint one.
Time Limit for Filing a Wrongful Death Lawsuit in Freeport
According to NY EPT 5-4.1, you have two years to file a lawsuit for a wrongful death in New York. This two-year timer starts on the date of the death, which could be different from the date the original injuring incident occurred.
There are a handful of exceptions to this rule:
- Medical malpractice claims have a time limit of two years and six months.
- If the wrongful death involves a criminal trial, you have one year from the date the trial is concluded.
- For claims against the government, you must first notify the relevant agency within 90 days.
These time limits are extremely strict and have very few exceptions, so it’s in your best interest to start as early as possible by talking to a Freeport wrongful death attorney. The earlier you start, the lower the chance of facing payment delays or denials.
Contact Our Freeport Wrongful Death Attorneys Today
No amount of money can fill the void that a death leaves. However, a wrongful death settlement can provide stability while you navigate life’s challenges and rebuild while moving forward.
Contact Chaikin Trial Group Injury Lawyers online or call today to schedule a case consultation with a Freeport wrongful death lawyer.