The unexpected death of a loved one is a tragedy that no one can prepare for; when it is the result of someone else’s negligence or wrongdoing, the loss can be unbearable. At Injured914, we understand that no amount of money can make your family whole again.
Our attorneys know that the pain is unparalleled when something goes wrong, that causes a loved one’s death. We are here to help you and your family get through this difficult time. We will fight hard to get the justice your loved one deserves and the compensation you may be entitled to recover. Our White Plains wrongful death lawyers have recovered millions for our clients and will not rest until you get the maximum recovery available in your case.
Under the Consolidated Laws of New York: Estates, Powers & Trusts Section 5-4.1, a personal representative may bring a claim for “wrongful act, neglect or default which caused the decedent’s death.” Damages can be recovered by next of kin, including the decedent’s spouse, children, and parents.
In New York, there are several elements that must be met to file a wrongful death claim. The personal representative for the decedent’s estate must show that:
According to New York Estates, Powers & Trusts Section 11-3.3 recovery is “limited to those accruing before death and shall not include damages for or by reason of death, except that the reasonable funeral expenses of the decedent, paid by the estate or for the payment of which the estate is responsible.”
New York law prohibits family members from recovering damages based on their own pain and suffering. Damages are limited to “fair and just compensation for the pecuniary injuries resulting from the decedent’s death,” as outlined in Section 5-4.3.
Under Estates, Powers & Trusts Section 5-4.1, a lawsuit must be commenced within two years after the decedent’s death. There are exceptions for a decedent whose death was caused by the terrorist attacks of September 11th and where there is a criminal action against the same defendant.
At Injured914, we are here to help you and your family navigate the challenge of losing a loved one. We are committed to providing our clients with the compassion and attention they deserve, are and will always fight to get the largest recovery available in your case. Our White Plains wrongful death lawyers are experienced trial attorneys who are staunch advocates for victims of negligence and wrongdoing. Let us help you understand the legal process and start your claim today.
When you’re injured in an accident, it can be hard to know where to turn. You need someone who doesn’t just know the law. You need a lawyer who will fight for you to recover the compensation that you need and deserve. For over 35 years, we have represented accident victims and their families to help them maximize their recoveries.