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January 18, 2021

Westchester Wrongful Death Lawyer

If you have recently lost a loved one to someone’s negligence, you might be eligible to recover financial damages. Get the help you need by working with a Westchester wrongful death lawyer.

When a loved one dies in a fatal accident, it’s devastating both emotionally and financially. While nothing can be done to bring the person back, the financial burden of the passing can be eased by filing a wrongful death lawsuit and seeking compensation from the responsible party.

To discuss your legal options, speak with a Westchester wrongful death lawyer from Greenstein & Milbauer, LLP.

Who Can Sue for Wrongful Death in New York?

Not everyone is entitled to file a wrongful death suit, and who is allowed to file varies from state to state. In New York, only the personal representative of the deceased’s estate is allowed to bring a claim.

The expectation is that this person will effectively represent the interests of the family as well as the deceased, and that the awarded financial damages will be allocated to the survivors by this individual.

Determine if You Have a Case

Additionally, before a wrongful death claim can be filed, we need to identify the negligent or at-fault party. If it was a true accident with no one to blame, there can be no lawsuit. However, if the accident was caused by the actions of another person, a business, or a government entity, you can pursue damages.

Wrongful Death Statute of Limitations

New York has a two-year statute of limitations for a wrongful death lawsuit to be filed. This means that you have two years from the date of the fatal accident to file suit. There may be some exceptions, such as when the injuries caused the person to deteriorate and die at a later date, but this is on a case-by-case basis. To ensure that your right to sue is preserved, speak with a Westchester wrongful death lawyer immediately.

Also, if the negligent party was a government entity, the statute of limitations rules are different and generally require acting faster.

Wrongful Death Compensation: Placing a Value on Your Claim

A life is not something that we want to think about in monetary terms. However, your Westchester wrongful death lawyer will need to perform this task, regardless. This is first done by calculating the economic impact of the death on your family. For example, any bills associated with the accident, medical care, and funeral would be economic damages that you should recover in full.

Next, we will calculate what the deceased would have earned had he or she continued to work until retirement age. By multiplying the annual salary by the number of years left before reaching age sixty-five, we can come up with an approximate number. We can also include raises, retirement benefits, and healthcare benefits to ensure that you do not suffer financially from the death.

Additionally, you can also seek non-economic damages to compensate for the pain and suffering you are experiencing. Punitive damages may also be awarded in some cases to punish the negligent party if gross negligence or malice were involved.

Get Help from a Westchester Fatal Accident Lawyer

Wrongful death cases are complicated and emotionally sensitive for the family. At Greenstein & Milbauer, LLP, our job is to handle the legal aspects of the case so that you can focus on your family and getting through this difficult time.

To schedule a free, no-pressure consultation with a Westchester wrongful death lawyer, complete the form below or call 1-800-VICTIM2 (842-8462).

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