Content Reviewed By:
John Richmond, Co-Founding Member
- October 29, 2024
Dealing with the sudden and unexpected passing of a loved one can be one of life’s greatest struggles. Grief can become exacerbated when the cause of a loved one’s death is due to someone else’s negligence or intentional actions. If you are in such a situation, know that you have rights and you are not alone.
The New York wrongful death attorneys of Richmond Vona have been helping families navigate this difficult time for years. We work to handle the legal process you can begin the work of rebuilding your future. Our experienced personal injury lawyers in New York will analyze your case promptly and thoroughly to determine whether grounds exist for bringing a lawsuit against the responsible parties on your behalf.
- Trust Our Team at Richmond Vona
- How Much Time do I Have to File a Wrongful Death Lawsuit in New York State?
- Can I File a Wrongful Death Lawsuit?
- Who Can File a Claim for Wrongful Death in New York
- Compensation You May Collect in a Wrongful Death Action
- Should I Just Deal With the Insurance Adjuster?
- Will My Wrongful Death Claim Go to Trial?
- Contact a Wrongful Death Law Firm in New York to Learn More About How We Can Help
Trust Our Team at Richmond Vona
When choosing an attorney to help you pursue justice for your loved one’s death, it’s important to remember that not all law firms are created equal. You deserve representation from legal professionals with both experience and familiarity with the nuances of New York wrongful death law, as well as the compassion and understanding to help guide you through the process.
At Richmond Vona, we pride ourselves on providing unparalleled service to our clients, assigning dedicated 3-4 person teams to each case. We have more than two decades of experience and our attorneys come from a variety of legal backgrounds providing them with unique perspectives on their cases. We treat our clients like family, not like a number, and our track record of success includes over $175 million dollars in recoveries.
Hear From One of Our Clients
"I recently had the pleasure of working with Richmond Vona, LLC after experiencing a personal injury, and I cannot express how grateful I am for exceptional service. From the very first consultation, the team demonstrated genuine care and empathy towards my situation, making me feel supported during a challenging time. Communication was outstanding throughout the entire process. They kept me informed at every step, promptly answering any questions I had, and ensuring I understood my options. It was clear that they truly value their clients and prioritize building strong, trusting relationships... They went above and beyond to provide personalized service, demonstrating a deep commitment to achieving the best outcome for my case. I highly recommend Richmond Vona, LLC to anyone seeking a compassionate and effective personal injury attorney. Their expertise, combined with their caring approach, made all the difference for me. Thank you for everything!"
How Much Time do I Have to File a Wrongful Death Lawsuit in New York State?
In New York, those suffering from the loss of a loved one due to wrongful death must act quickly: the state sets a two-year statute of limitations for all wrongful death cases. This means that any claim must be filed with your local court within two years of your loved one’s passing.
The death of a loved one is always devastating. It is only natural that you want to take time to process your grief, but if you wait too long to take action, you could miss out on the opportunity for financial restitution and justice.
There may be some exceptions to this time frame based on specific circumstances surrounding your case, so it is best to reach out to a New York wrongful death attorney as soon as possible to preserve your rights and your claim.
Can I File a Wrongful Death Lawsuit?
When you lose someone you love, it’s common to have many questions. The future is unclear, and many people aren’t certain whether they have grounds for a lawsuit.
In the broadest terms, there are several factors to consider:
- First, you must establish that the death of a loved one was caused by the negligence or intentional actions of another person or entity
- Next, you need to demonstrate that you are an eligible party to file a wrongful death claim under New York state law.
- Finally, it is crucial to consult with an experienced New York wrongful death lawyer who can evaluate the specific circumstances of your case and guide you through the legal process.
If you are unsure about whether a negligent act contributed to your loved one’s death, it’s important to seek help from a New York personal injury lawyer. Your attorney can evaluate the circumstances surrounding the death and identify the cause. This will help to clarify who can be held liable and whether you may have a case.
Who Can File a Claim for Wrongful Death in New York
In New York State, only one specific person has the sole right to file a wrongful death lawsuit: the victim’s personal representative. The role of a personal representative is unique as this person is typically responsible for administering and settling the victim’s estate, such as managing any property owned by the victim at death and distributing assets to their beneficiaries.
Therefore, when filing a wrongful death claim, this individual files on behalf of the surviving family members of the deceased. Generally, these individuals could be named as personal representatives, or executors, of the estate:
- Spouse of the deceased person
- Children of the deceased
- Parents of the deceased
- A person appointed by the deceased before their death
There may be questions surrounding who is eligible to represent the estate. Working with a wrongful death attorney in New York can help to clarify your specific situation.
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Words cannot describe how grateful my wife and I are of John Richmond. His friendliness, knowledge, loyalty and professionalism are of the highest level. Being this was the first time we’ve had to obtain legal assistance, John made this process very easy for my wife and I. We both would highly recommend Richmond Vona.
What a phenomenal experience to come from a terrifying accident. From day 1 Richmond/Vona provided me with nothing but comfort and professionalism. Communication is paramount in my needs and they performed that with nothing short of exceptional. Mr. Richmond made me feel like this was the only case he was working on. Thank you to all of your staff for looking out for my best interests and taking a stressful situation and making it so very easy for me and my family.
Compensation You May Collect in a Wrongful Death Action
In a New York wrongful death case, damages typically encompass both economic and non-economic losses. Additionally, in some cases, punitive damages may also be awarded to punish the liable party if their actions were particularly negligent. Here are the damages most commonly claimed in a wrongful death case:
- Compensatory damages for burial and funeral expenses
- Loss of financial support and future earnings of the deceased
- Medical expenses
It is important to note that while you cannot receive compensation for your own pain and suffering caused by the death of your loved one, you can recover pain and suffering damages on behalf of your loved one through a survival action, which is separate from a wrongful death claim.
Should I Just Deal With the Insurance Adjuster?
When you experience the tragic loss of a loved one due to a car accident, it is likely that you will be contacted by an insurance adjuster shortly after the accident. It is important to keep in mind:
- You do not have to talk to the adjuster or answer any questions they may ask
- You should also refrain from providing a recorded statement under any circumstances
- If you plan on filing for wrongful death, it may be beneficial to seek legal advice and advise any adjusters contacting you that you have hired an attorney or plan to hire one.
- Anything you say can be manipulated and used to reduce or deny your claim
Hiring a wrongful death attorney in New York can make all the difference when seeking damages. We are experienced in dealing with insurance companies and understand their tactics. We can protect your rights and handle all communication with the insurer on your behalf so that everything remains organized and focused in order to maximize your claim amount.
Will My Wrongful Death Claim Go to Trial?
Contact Our Western New York Wrongful Death Attorneys
No matter how complex your case might be, finding the right representation can give you peace of mind knowing that your claim is being handled fairly and appropriately. Our team will represent you with sensitivity and pursue your claim aggressively.
Richmond Vona provides the highest possible quality legal services for our clients who have had their lives irreparably changed by an untimely death. We take the time to get to know you and provide the personalized service you need and deserve. Contact us today to learn more in a complimentary case evaluation.
