Do I Have a Valid Wrongful Death Claim in NYS?

wrongful death lawsuit

Losing a loved one is always a tragedy, no matter the circumstances of their death. Unfortunately, people lose their lives as a result of the carelessness, or even maliciousness of others here in New York City far more often than you may think. If you believe your loved one lost their life due to the negligence of another, you’re most likely looking to pursue a wrongful death claim, and Mirza Law is here to help. Read on and contact a dedicated New York City wrongful death lawyer from our firm to learn more about these claims and how we can guide you through one. Here are some of the questions you may have:

What constitutes a wrongful death claim?

To start, not everyone is allowed to bring these claims; only a decedent’s spouse, children, or parents may do so. Additionally, to have a valid wrongful death claim in New York State, you must prove that your loved one lost their life as a direct result of someone else’s negligence, and that had they lived, they would have had a valid personal injury claim against the negligent party. This isn’t always easy to do, which is why you need to hire a seasoned attorney who can help you gather and present all relevant evidence to satisfy the burden of proof. Our firm is here to help you through every step of the process ahead.

What can compensation in such a claim help with?

As long as you’re successful in your claim, you should receive compensation to help you deal with economic damages you’ve incurred as a result of the death, including:

  • The cost of funeral and burial expenses
  • The cost of medical care the decedent received prior to death
  • Lost inheritance
  • Monetary support the decedent would have provided the family

You may also receive non-economic damages, which can include, among other things:

  • Conscious pain and suffering the decedent experienced prior to death
  • Loss of companionship and support the decedent provided the family
  • Loss of enjoyment of life

What is the timeframe for filing my claim?

Though the statute of limitations for most personal injury claims in New York City is three years, this isn’t the case when it comes to wrongful death claims. Typically, in New York, you will have only two years from the date of death to file your claim. Don’t make the mistake of waiting, for if you do, you may permanently lose your right to sue. We are here to help you today.