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What Is A Wrongful Death Claim?

Under New York laws, a wrongful death claim is an injury caused by a “wrongful act, omission or neglect” that resulted in a fatality that the deceased person could have pursued with a personal injury lawsuit had he or she lived. A surviving family member – parents, children and spouses who have suffered monetary loss – can file a wrongful death action.

There are several forms of damages that a family member can recover from a wrongful death. Funeral expenses for the deceased individual can be recoverable. If the family member was financially dependent on the decedent, they may be able to recover loss of future income and financial support. Any medical expenses incurred while the decedent was being treated prior to death can be also recovered. A spouse may recover for loss of companionship and the estate can recover for the pain and suffering the decedent may have endured prior to death.

Wrongful death claims typically arise out of instances such as:

  • Surgical errors
  • Failure to diagnose
  • Prescription errors
  • Nursing home neglect and abuse
  • Car or motorcycle wrecks
  • Trucking crashes
  • Pedestrian injuries
  • Construction site injuries
  • Slip-and-fall or trip-and-fall injuries
  • Dog bite injuries

The experienced wrongful death attorneys at DeMore Law Firm, PLLC, have helped countless grieving families for years. When you lose a loved one as a result of someone else’s negligence, you may have a right to financial compensation for your loss, medical expenses, and pain and suffering that your loved one endured from the time of injury until passing.

Proving A Wrongful Death Claim

In terms of evidence, documentation is especially important to prove a wrongful death claim. These documents may include medical reports, photos or videos at the scene of the accident, police reports, and/or statements from eyewitnesses.

With a few exceptions, the statute of limitations on filing a wrongful death action in New York is two years from the date of the death. If the defendant already has a criminal case pending, then the statute of limitations is one year from the end of the criminal case. If the only person who can file the wrongful death action is the child of the deceased who is under 18 years old, the statute of limitations is “tolled,” or paused, until they turn 18 or find a guardian to file on their behalf. If the minor already has a guardian at the time of death, then the statute of limitations remains at two years.

Contact Us To Find Out How DeMore Law Firm, PLLC, Can Help You

Contact DeMore Law Firm, PLLC, for a free case evaluation today and to make sure that you avoid missing the deadline for filing a wrongful death action. We understand that this is a difficult time, and we will do our best to handle your case with respect while also getting you the compensation you and your loved ones deserve. Call our office in Syracuse at 315-413-7000 or send us an email to make arrangements for a meeting with us.