New York City Wrongful Death Attorneys

Are You Eligible For A Wrongful Death Lawsuit?

Funeral of a wrongful death victimA wrongful death lawsuit may be filed in New York when someone, whether due to their actions or negligence, is responsible for the death of another. Wrongful death cases are tried in civil court. This differentiates them from homicide or manslaughter cases, which are tried in criminal court.

As the victim of wrongful death is unable to pursue compensation, laws in New York allow their surviving family members or estate to pursue damages on their behalf. The law serves to provide any fair and necessary compensation to family members who have suffered emotionally, financially, or both after the wrongful death of a loved one. Whether that’s through wrongful death lawsuit settlements in New York or awards from judges in cases, there are standards in place to compensate those involved in a wrongful death suit.

When assessing damages from a wrongful death in New York, courts will consider factors like loss of wages and/or benefits, loss of companionship, emotional pain and suffering, and punitive damages.

Deadline for Filing Wrongful Death Suits in New York

In New York, the statute of limitations for filing a wrongful death lawsuit typically expires after two years. Generally, this means the lawsuit must be filed within two years of the date the person passes away. Exceptions are possible, though rare, which is why it is so crucial to reach out to a lawyer to get started on your case as soon as possible.

The consequences of failing to comply with the statute of limitations can be serious. In fact, doing so could forfeit your opportunity to secure compensation in a wrongful death action.

If a lawsuit is filed after the expiration of the statute, you can count on the defendant in the case to file a motion to dismiss with prejudice. Not only can a dismissal with prejudice end your case, but it will also bar you from ever filing it again in the future.

When the statute expires, you also lose your chance at negotiating a settlement with the other side. This is because the at-fault party and their insurance company is not obligated to negotiate a settlement with you following the violation of the statute of limitations.

Failing to meet the filing deadline could prevent you from pursuing justice for the passing of your loved one. Let our attorneys handle every aspect of your claim, including compliance with the statutory period.

Grounds for a Claim

The methods used to determine who is liable in a wrongful death case vary from one state to another. Thus, if a loved one was the victim of wrongful death in New York State, you would need to consult  a New York wrongful death lawyer familiar with the applicable laws.

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    Wrongful Death Liability

    Proving a defendant is liable in a wrongful death  case in New York requires proving their conduct caused the death. The plaintiff’s attorneys must show that the death would not have occurred were it not for the defendant’s actions or negligence.  In order to ensure the highest accuracy and give the best chance for success, consult a New York wrongful death lawyer to assist with your case.

    Assessing Damages

    Damages typically serve to compensate the family members of a wrongful death victim in New York. Calculating damages requires evaluating several factors. Some are fairly easy to evaluate, and can include the exact medical and death costs the family of the victim incurred.

    Other factors are more difficult to determine. For example, assessing damages related to loss of earnings involves anticipating the potential lifespan of the victim had the wrongful death not occurred. Subjective factors, like the emotional toll a victim’s family suffers, are also complicated to evaluate.

    In some wrongful death lawsuit settlements and cases in New York, courts award punitive damages. Unlike other damages, which compensate for a specific loss, punitive damages serve as punishment for the defendant. They can also serve to deter others from behaving similarly to the defendant in the future.

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    Consulting a New York Wrongful Death Attorney

    Do you think you have a valid wrongful death case in New York State? If so, contact the attorneys at The Rothenberg Law Firm who have reliably and consistently succeeded in winning  wrongful death cases in New York for decades.

    Get in touch with a New York wrongful death lawyer at The Rothenberg Law Firm LLP at 1-800-624-8888 or submit a free case evaluation online at Your initial consultation is FREE OF CHARGE. If our New York wrongful death attorneys accept the case, we won’t charge you any legal fees unless we’re successful in getting you the compensation you deserve for the loss of your loved one.

    Keep in mind, the New York State wrongful death statute of limitations requires plaintiffs to file lawsuits within two years of the victim’s death. Contact a New York wrongful death lawyer at our firm immediately, or you may forego your right to damages.

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