Wrongful Death Accident Lawyers
Wrongful Death Accidents
If you lost a loved one too soon, you may be having a hard time dealing with the emotional and financial stress that comes with it. It can be hard to think about your legal options for obtaining justice for your loved one. The Law Office of Cesar Zuniga, Esq. is here to help.
Families can file wrongful death lawsuits to recover compensation for a loved one’s death that was caused by the carelessness, recklessness, or intentional actions of another person or group. Depending on the circumstances, spouses, children, grandchildren, parents, siblings, and even cousins may be able to obtain compensation in a wrongful death suit. In a claim for wrongful death, you can recover for things like funeral costs, medical bills, lost wages, and the loss of companionship or emotional support, among other things.
Under New York Law, you generally only have two years from the person’s death to file a lawsuit, so you should move quickly. If the tortfeasor was a governmental entity, your time to file a claim may be even more limited and is usually 90 days from the date of the accident.
The Law Office of Cesar Zuniga, Esq.’s Westchester wrongful death lawyers know how hard it is to deal with a loss, especially when it was caused by someone else. We can help you find justice and obtain the compensation as you and your family deal with the pain of your loss. Call us at (914) 677-1330 to find out more about your case and the services we offer.
Commencing a Wrongful Death Action
Who can file and win a wrongful death lawsuit in New York is set by state law. The lawsuit must be filed by the personal representative (or “executor”) of the estate of the person who has died. A family member who will recover compensation from the will can also be the executor. In a lawsuit for wrongful death, you can name as many eligible beneficiaries as you would like.
In a wrongful death lawsuit, most of any recovery will accrue to the decedent’s spouse and children or other close relatives. In a wrongful death lawsuit, the parents of the person who died can also obtain recovery. Siblings and close cousins may also be able to any recovery as well if there is no living spouse, child, or parent who can be named in the suit or who is willing to be named.
Talk to one of our experienced Westchester wrongful death lawyers if a loved one has passed away due to the negligence of another.
Proving Liability in a Wrongful Death Matter
It can help to think of the requirements for proving a wrongful death lawsuit the same way you would think about the requirements for proving a personal injury lawsuit. For example, if someone was hurt in a car accident and wanted to sue the other driver, the person who was hurt would have to prove that the other driver’s carelessness, recklessness, or intention to hurt caused the accident and the injuries that followed.
In a lawsuit for wrongful death, you still have to show that the defendant was to blame for the death. The only difference is that the damages are given to the beneficiaries and are based on how they were hurt, not on how the deceased person was hurt.
Proving Damages in a Wrongful Death Action
The goal of a lawsuit for wrongful death is to obtain compensation for the surviving beneficiaries to make up for the emotional and financial losses they have had to deal with. We understand that a monetary compensation will not bring back your loved one. Still, if you obtain a wrongful death recovery, it can provide you with a form of justice and give you the closure you may need while helping your family with the economic burden caused by your relative’s passing.
Damages in a wrongful death lawsuit are usually the direct costs that the family had to pay because of the accident and death, such as the cost of treating the person who died and having a funeral or memorial service. You may also be able to recover compensation for the victim’s expected loss of income over the rest of their time at work and other contributions they provided for their family.
Damages for wrongful death will also help make up for the personal loss that comes from the death of a loved one. This calculation will take into account, among other things, the loss of companionship, mentoring, parental guidance, benefits, and emotional support.
All of these things will be based on the deceased person’s age, earning potential, and expected length of life. The age and vulnerability of the beneficiaries will also be taken into account, especially if there are children who are affected by the death.
Damages are difficult to ascertain and it’s hard to know how much a wrongful death lawsuit is worth without compiling all the information about the person who died, the accident itself, and the possible beneficiaries. Talk to one of our knowledgeable wrongful death lawyers in Westchester today to find out what your case might mean for you and your family.
Westchester has a limit on how long you have to file a lawsuit for wrongful death. If you want to go after the person who caused your loved one’s untimely death for money, you must act quickly to file your case. In New York, you have up to two years from the date of the death in question to file a claim for wrongful death. This is called the statute of limitations. If you miss your deadline to file your lawsuit, a New York court is likely to dismiss the matter. This is why it is important to pay attention to the statute of limitations for your case.
There are times when the statute of limitations can be extended. This usually happens when doctors commit malpractice. In these situations, the time limit may be tolled until the injury is found or should have been found.
We recommend filing any claim as soon as possible, however. Our wrongful death lawyers in Westchester can look at your case and start working on filing a claim and avoid missing any deadlines.
Contact Our Wrongful Death Accident Lawyers in Westchester, NY
At the Law Office of Cesar Zuniga, Esq., we work hard to get our clients the compensation they deserve when someone else caused the death of a family member. Call us today at (914) 677-1330 to talk to one of our skilled Westchester wrongful death lawyers.
We also love serving all of the Yonkers community, including Alexander Smith, Bronxville Heights, Bryn Mawr, Centuck, Crestwood, Colonial Heights, Getty Square, Homefield, Lincoln Park, Ludlow, Nepera Park, Nepperhan, Park Hill and more.