Losing a loved one because of another person’s negligence is one of the most harrowing and emotionally distressing things a family can experience. In addition to processing grief, you must deal with the confusion and anger that arises in cases of wrongful death.
Wrongful death may include any instance in which a person’s death is caused by the negligent actions of someone else. At Basch & Keegan LLP, our Kingston wrongful death lawyers are committed to helping those left behind by negligence recover compensation. We understand that no amount of money can bring back your loved one, but pursuing a wrongful death claim can alleviate the financial damages that have resulted. Additionally, you may be entitled to compensation for non-economic damages.
When a person loses their life in an accident and cannot bring a personal injury claim on their own behalf, New York law allows the personal representative of the deceased person’s estate to seek compensation from the party or parties responsible for the death.
There are five elements that need to be established:
Death is caused by the wrongful conduct of the defendant
Giving rise to a cause of action the deceased person could have pursued if death had not occurred
Survival of one or more persons who suffered a loss as a result of the death
Damages the estate can recover
When damages are awarded in a wrongful death lawsuit, the personal representative recovers the amount on behalf of the deceased person’s surviving family members (those who actually receive the award).
Successful wrongful death claims allow the families of victims to cover the costs that have resulted from the death of their loved one, including funeral and burial expenses and remaining medical bills. In addition to providing compensation for these direct costs, wrongful death settlements often provide compensation that accounts for decreased financial support in the aftermath of a death. A settlement may replace the income that the deceased was providing to their family in life or include resources that will cover childcare and other services that are needed in the absence of the deceased. In many cases, wrongful death claims also provide compensation for non-economic damages such as pain and suffering.
The Kingston wrongful death attorneys of Basch & Keegan LLP are dedicated to helping your family get the full amount of compensation you deserve. We handle the legal process so you will not have to worry while grieving the loss of your loved one.
There are a number of considerations to make when filing a wrongful death lawsuit or settling the case. New York State's statute of limitations is the first element to consider. In New York, you only have two years from the victim's death to file the lawsuit. This is a strict time limit with very few exceptions.
Although the possibility of the case going to trial is real, most result in a settlement. When settling a wrongful death case, however, it is important to be patient as the process can take many years. Our wrongful death attorneys can help move the case along as efficiently and as effectively as possible.
If you have lost a loved one in an accident, Basch & Keegan LLP can help ensure your family’s rights are protected. We handle complex matters, and we’ll never simply settle your claim and move on to the next client — our goal is to achieve the result you need and deserve.