Wrongful Death

When a loved one’s passing is the result of another’s negligence or wrongful actions, seeking justice through a wrongful death claim may ease the burden. PPID Is Here to Guide You and Your Family in this Greatest Time of Need.

While no amount of compensation can alleviate the pain, a wrongful death claim serves as a means to hold accountable, seek reparation, and secure support for your family’s future.

PPID Attorneys guide you through the legal recourse to pursue financial restitution from those responsible for wrongful death.

Accidents Resulting in Wrongful Death

Numerous factors and circumstances lead to wrongful death, including:

  • Motor Vehicle Accidents
  • Medical Malpractice
  • Construction Accidents
  • Premises Liability

Who Can File a Wrongful Death Claim in New York?

Only the following individuals can file a wrongful death claim in New York:

  • Surviving spouse of the deceased
  • Child of the deceased
  • Parent of the deceased
  • The personal representative of the deceased’s estate

Potential Damages in Wrongful Death Claims

Damages awarded in a wrongful death claim can depend on many factors of an individual case, but can include:

  • Funeral and burial expenses
  • Medical and healthcare costs related to the final injury or illness
  • Lost wages and benefits between the final injury or illness and the victim’s death
  • Conscious pain and suffering endured by the deceased
  • Value of support, services, parental care, and guidance provided to family members
  • Lost inheritance suffered by surviving children
  • Interest on damages awarded, which is calculated form the date of death

Under New York state law, family members of a deceased victim are restricted from seeking compensation for their personal pain and suffering, mental distress, or the loss of companionship – including the children of the deceased individual. In New York, wrongful death lawsuits typically permit recovery solely for economic damages, except in cases where the victim consciously experienced pain and suffering before their death due to the accident or injury.

Elements of a Wrongful Death Claim

To succeed in a wrongful death claim, your attorney must establish:

  • The defendant’s negligence or wrongful actions led to the victim’s death
  • Surviving distributees or dependents of the deceased suffered monetary damages due to the death
  • The victim would have had a valid personal injury claim if they had survived

Time Limit to File a Claim

In New York, the statute of limitations for wrongful death claims is two years. Failing to file within this period can permanently bar your claim. Seeking legal counsel promptly is advisable if you have lost a loved one due to negligence or wrongful actions.

Contact The Case Handler at 212-608-3734 for dedicated and compassionate representation in your wrongful death claim. Our New York personal injury attorneys at Pollack, Pollack, Isaac & DeCicco, LLP are here to assist you.

Our winning team fights to get you the maximum possible compensation.

PPID Personal Injury attorneys fight for your rights. We’re committed to client support and success.

We provide guidance on all types of injury cases. Consultations are free.