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 handle all aspects of such litigation and work to recover the maximum compensation possible so you can begin the work of rebuilding your future.
Regardless of whether your loved one died due to a car accident, medical malpractice or any other wrongful act, 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.
- How Much Time do I Have to File a Wrongful Death Lawsuit?
- Can I File a Wrongful Death Lawsuit?
- Who Can File a Claim for Wrongful Death in New York
- Should I Just Deal With the Insurance Adjuster?
- Damages You May Collect in a Wrongful Death Action
- Contact a Wrongful Death Law Firm in New York to Learn More About How We Can Help
How Much Time do I Have to File a Wrongful Death Lawsuit?
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 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.
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.
Damages You May Collect in a Wrongful Death Action
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
- Emotional distress and mental anguish caused by the loss
- Loss of companionship, Loss of services and guidance
Contact a Wrongful Death Law Firm in New York to Learn More About How We Can Help
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 whose experience and familiarity with the nuances of New York wrongful death law will enhance your chances of success.
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.
