When you suddenly discover that your loved one has passed away unexpectedly, it can be one of the most devastating experiences of your life. As if things couldn’t get any worse, finding out that their death was caused by the actions of another can turn your grief into fury.
Thankfully, you do have legal options to obtain the justice both your family, and your deceased family member deserve. Read on to learn more about filing a wrongful death claim in New York City, and the damages that you’ll be able to secure if you win your case.
Filing a Wrongful Death Claim in New York City
Before anything else, you need to make sure of two things: one, that you get your claim filed before the statute of limitations expires, and two that you are actually entitled to filing the wrongful death claim in the first place.
In New York, you’ll have two years to file your claim in the court system. This is critical, because if you don’t file before the statute of limitations runs out, you will be barred from seeking the compensation you deserve.
Next, you need to be aware that only the personal representative of the decedent’s estate is able to file the wrongful death claim. This could be the surviving spouse, adult children, or anyone else that the decedent left the control of their estate under. It isn’t as simple as just any family member of the deceased being able to file the claim- it must be the designated representative.
What’s more, regardless of who the assigned representative is, any damages that are awarded will be held in the form of a trust by the representative for the surviving family members of the decedent.
When you’re ready to fight for the compensation your family deserves, work with an attorney to ensure that you know when the statute of limitations will run out, and to find out who is the designated representative of your loved one’s estate.
What Damages Will Be Included in Your Claim
Now that you know you have the right to file a wrongful death claim, you probably are wondering how much you can expect to recover. The amount will vary on a case by case basis, but for the most part, damages sought in a wrongful death claim are the same and will consist of:
- Medical expenses the decedent incurred prior to their passing
- Funeral and burial costs
- Pain and suffering the decedent endured
- Loss of inheritance, wages and benefits
- Loss of support and household services
- The loss of nurturing, care and guidance
- 9% interest on the total damages from the date of the decedent’s passing
It’s important to note that while parents of a deceased child will be able to recover damages for lost services of their child, surviving family members do not have the right to seek compensation for their own loss of companionship, pain and suffering or emotional distress.
Your attorney can go over every single loss your family endured and ensure that no damage goes unaccounted for when calculating the value of your claim.
Speak With a NYC Wrongful Death Lawyer
The loss of a loved one is never easy, and when someone else is responsible for causing their death, they should be held accountable and brought to justice. You can work with a qualified wrongful death attorney in NYC to ensure that you get the most out of your claim.