New York Wrongful Death Attorney Helping Families In Troy
Accidents and errors that result in serious and life-threatening injuries can be devastating to the injury victim and to his or her family. Not only can an injured person end up facing significant medical bills over a long period of time, but that injured person also may suffer partial and total disabilities that prevent them from returning to work in any meaningful capacity or earning a living. These kinds of accidents are even more tragic when they result in fatal injuries. Our dedicated team routinely works with families who have lost a loved one as a result of another party’s negligence, carelessness, or intentional wrongdoing.
We know that the prospect of filing a lawsuit can be quite far from your mind in the immediate days and weeks after a loved one’s unexpected death, yet we also know how important it can be to move forward with a wrongful death claim as quickly as possible. An experienced wrongful death lawyer at our firm can talk with you today.
What Is A Wrongful Death In Troy, NY?
Wrongful death law includes two separate claims closely related to personal injury law in New York. In a personal injury law case, the law says that an injured person has the right to file a civil lawsuit against a negligent party in order to seek compensation for losses.
Yet when a party’s negligence results in a fatal injury, the injured person cannot file a claim on his or her own behalf. Instead, New York allows the personal representative of the deceased to “step into the shoes,” metaphorically, of the deceased in order to file a lawsuit against the negligent party.
In addition, the personal representative has the duty to bring a claim against the negligent party for the injuries and damages sustained by those close relatives, who have suffered economic losses as a consequence of the Wrongful Death,
Who Is Eligible To File A Wrongful Death Claim In Troy?
Different states permit various parties to file wrongful death claims. In some states, a spouse or an adult child (or another family member) can be eligible to file a wrongful death lawsuit. However, under New York law, only the personal representative of the deceased is permitted to file a wrongful death lawsuit. The personal representative can then distribute any damages award to the deceased’s surviving family members.
To be clear, only a personal representative of the deceased can actually file the wrongful death lawsuit, but the surviving family members are eligible to receive compensation from a settlement or verdict. Surviving family members typically can receive economic and non-economic damages, which may include but are not limited to the following:
- Medical expenses incurred by the deceased prior to his or her death;
- Lost wages of the deceased;
- Funeral and burial costs;
- Loss of parental care and guidance;
- Loss of support the deceased gave to his or her family members; and
It is important to note that New York law permits the family to recover non-economic damages for the deceased’s pain and suffering, but the surviving family members cannot seek damages for their own pain and suffering as a result of the deceased’s death.
Wrongful Death Statute Of Limitations In Troy, New York
New York has a two-year statute of limitations on wrongful death lawsuits. Accordingly, the personal representative of the deceased must file a wrongful death lawsuit within two years of the deceased’s death. It is critical to note that the time window starts to “tick” on the date of the deceased’s death as opposed to the date of the deceased’s injury. While the two may be one and the same—the death might have occurred immediately as a result of the accident—if the deceased survived for a period prior to succumbing to injuries, the clock begins on the date of death.
Contact Our Wrongful Death Lawyers In Troy
If you recently lost a loved one as a result of another party’s negligence or intentional wrongdoing, we know how difficult it can be to start thinking about filing a lawsuit at a moment when you are grieving. Fatal accidents are devastating, and no family should ever have to experience them. Yet we also know that moving forward with a wrongful death lawsuit can allow surviving family members to obtain the financial compensation they desperately need, and a wrongful death claim can hold the at-fault party financially accountable for negligence or intentional wrongdoing.
New York’s wrongful death law is complicated, and it is critical to seek help from an experienced and compassionate Troy wrongful death attorney. One of the lawyers at our firm can talk with you today to learn more about your case, and to provide you with information about moving forward with a claim. Contact Powers & Santola, LLP to discuss your options with our team and to learn more about how we help injured individuals and their families in Troy, New York.