Wrongful Death: Seeking Justice And Support For Grieving Families
The sudden loss of a loved one is a devastating experience, leaving families with immense grief and emotional turmoil. When a death occurs due to the negligence or wrongful actions of another, it can be even more challenging to cope with the loss. In these situations, a wrongful death claim can provide a measure of justice and financial support for grieving families.
At Meagher & Meagher, P.C., we have represented White Plains and New York City families for over 30 years. Our compassionate wrongful death attorneys understand the complexities of these cases and the profound impact they have on families. We are dedicated to providing skilled legal guidance and fighting tirelessly to protect our clients’ rights.
Understanding Wrongful Death Claims
A wrongful death claim is a legal action brought by the surviving family members of a person who died as a result of someone else’s negligence or wrongful conduct. These claims seek to hold the responsible parties accountable and provide compensation for the losses suffered by the family.
Wrongful death claims can arise from a variety of circumstances, including:
- Car accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Premises liability
In essence, any situation where a person’s death is caused by the negligence or wrongful actions of another can potentially lead to a wrongful death claim.
When To File A Wrongful Death Claim
In New York, the statute of limitations for filing a wrongful death claim is generally two years from the date of the death. However, there may be exceptions to this rule, so it’s crucial to consult with a wrongful death attorney as soon as possible.
Determining when to file a wrongful death claim is a personal decision that should be made in consultation with your attorney. Factors to consider include:
- The strength of your case: Your attorney can assess the evidence and determine the likelihood of success.
- Your emotional readiness: Filing a lawsuit can be emotionally taxing. It’s essential to be prepared for the process.
- Financial considerations: A lawsuit can be expensive. Your attorney can discuss the potential costs and benefits.
Ultimately, deciding when to file is yours, but seeking legal guidance early on can help you make informed choices.
What A Wrongful Death Claim Can Address
A wrongful death claim can address a wide range of losses suffered by the surviving family members, including:
- Loss of financial support: This includes the income the deceased person would have earned if they had lived.
- Loss of companionship and guidance: This compensates for the emotional loss and the loss of the deceased person’s love, care and support.
- Pain and suffering: This compensates for the physical and emotional pain the deceased person experienced before their death.
- Funeral expenses: This covers the costs of the funeral and burial.
Punitive damages may also be awarded to punish the responsible party for their egregious conduct.
Common Questions About Wrongful Death Claims
We understand that navigating the legal system after the loss of a loved one can be overwhelming. Here are answers to some common questions we receive:
What situations can lead to a wrongful death claim?
Any death caused by the negligence or wrongful actions of another can potentially lead to a wrongful death claim. This includes car accidents, medical malpractice, workplace accidents, defective products and premises liability cases.
Who is eligible to file a wrongful death claim in New York?
A wrongful death claim can be filed by the personal representative of the deceased person’s estate. This is typically a family member, such as a spouse, child or parent.
What types of damages can be recovered in a New York wrongful death case?
Damages in a wrongful death case can include compensation for lost income, loss of companionship and guidance, pain and suffering, and funeral expenses. In some cases, punitive damages may also be awarded.
Seeking Justice And Closure
If you have lost a loved one due to someone else’s negligence or wrongful conduct, we encourage you to contact us. Our wrongful death attorneys at Meagher & Meagher, P.C., are dedicated to helping families seek justice and compensation for their losses. Call us at 914-246-2958 or contact us online to schedule an appointment. We are located in White Plains and serve clients throughout New York.