Losing a loved one to a fatal accident is a tragic experience for the surviving family members left behind, especially when information surfaces that their death was probably preventable. In medical malpractice cases, dangerous conditions at work, car accidents, defective products, or any other type of fatal accident where another party acted negligently or made an irresponsible decision, this may be a wrongful death situation. In incidents where wrongful death has occurred, surviving family members can take legal action in New York City.
If you’re going through the heart-wrenching loss of a family member, you probably have many questions. The laws surrounding wrongful death suits in the State of New York are complex and specific, especially when it involves workers’ compensation. The Terry Katz & Associates Law Firm is experienced and knowledgeable in all workers’ compensation and personal injury practice areas and can assist you with any questions you may have. We will carefully look at the details surrounding your loved one’s death circumstances and provide you with a free case evaluation. Contact the wrongful death attorneys at our injury law firm today at 888-488-7459.
In the State of New York, wrongful death is defined as a person losing their life due to the negligence, carelessness, or reckless behaviors or actions of another party. This can happen anywhere in New York City, including in the workplace. State law requires five elements to be proven to establish a wrongful death claim.
Examples of wrongful death personal injury claims include car accidents, motorcycle accidents, truck accidents, medical malpractice, homicide, and the killing of a police officer, to name a few tragic types of events. Wrongful death also occurs in the workplace, including but not limited to fatal accidents occurring at office buildings, construction sites, factories, or any industrial facility.
Under New York State Law, the law is very specific about who actually can file a wrongful death lawsuit case. NYS law defines only the decedent’s surviving spouse, children, parents, or a named representative of their estate can file. If a family member files, they must also be listed as the personal representative of the deceased person’s estate.
Regardless of who files, family members and heirs are permitted to be listed as beneficiaries. New York does outline a statute of limitations of two years from the date of a person’s death to file a wrongful death lawsuit or a workers’ compensation claim. There are a few exceptions to New York’s statute of limitations, and these are very specific. When you speak to a knowledgeable NYS personal injury attorney at Terry Katz & Associates, they can do a case evaluation to see if surviving family members qualify for an extension.
The type of damages victims can claim in New York State under its wrongful death laws are also very specific. Any losses must be demonstrated to the court. Losses that are typically recoverable for family members include the following examples.
New York State does place strict limits on what damages are recoverable. For instance, the state disallows family members to recover compensation for their own pain and suffering as pain and suffering damages are strictly limited to the decedent’s experience. Surviving family members also cannot claim damages for mental anguish, loss of companionship, or loss of consortium. NYS laws are structured, so damages are limited to losses that have a calculatable monetary value attached to them for workplace accidents and other types of accidents.
To file a wrongful death case, the person filing must be able to prove the following four circumstances under New York State’s wrongful death statute:
If a workplace or other type of accident resulted in a family member’s death, consult with an experienced workers’ compensation lawyer or personal injury attorney at Terry Katz & Associates as soon as possible.
The law firm of Terry Katz & Associates understands the pain New York families suffer after experiencing the tragedy of losing a loved one to an accident, especially if that accident was preventable. Our personal injury lawyers have been protecting New York’s injured and their families’ rights for more than 30 years. Our legal team is well-versed in New York State workers’ compensation and personal injury laws and are here to represent you during this difficult time. Responsible parties, along with their insurance companies, will work hard to protect themselves; and you need someone on your side.
If you have lost a loved one to a fatal accident at work, our attorneys will help you navigate the complex workers’ compensation benefit systems. If your loved one’s death occurred due to events in another type of accident, we will fight to ensure you receive justice for your losses. No amount of money will ever replace the loss of your loved one, but receiving financial compensation may help ease some of the burdens you carry.
We understand the difficulties of trying to process the devastation of the loss of your loved one while also worrying about your family’s future. Our experienced wrongful death lawyers will carefully go through the details and circumstances that took place before, during, and after the accident at your initial consultation. Once we understand the events surrounding your loved one’s death, we will provide you with sound legal advice and provide you with your legal options as to whether you should file a wrongful death case. To receive a free consultation, contact us at 888-488-7459.