One of the most challenging things we’ll all deal with in our lifetime is the death of a loved one, which can be even more devastating when their death was due to negligence or otherwise wrongful. You may be wondering how to file a wrongful death lawsuit or if you even have a claim. A wrongful death attorney can help you navigate this difficult time so you can focus on grieving while fighting for justice for your loved one.
How to File a Wrongful Death Lawsuit
Consult an Attorney
The first step in exploring whether you can file a claim is consulting with an attorney who has experience navigating wrongful death cases. Your attorney will be able to determine whether your case meets the legal requirements to bring a wrongful death suit, gather evidence, navigate the court system for you, and fight for any financial compensation to which you may be entitled.
Establish Whether a Death Was Wrongful Under the Law
New York law requires multiple elements to be present to bring a successful wrongful death lawsuit: the death must have been caused by wrongful conduct or negligence that the decedent could have sued for if they hadn’t died, and the death must have caused the decedent’s survivors specific damages.
Examples of potential wrongful death claims include, but aren’t limited to:
- Automobile or other transportation accidents
- Hazardous occupational conditions
- Medical malpractice
- Product liability
- Criminal activity
Determine Whether You Can File
Under the New York Estates, Powers, and Trusts Law, the following individuals have the power to file a wrongful death lawsuit:
- The decedent’s spouse, children, or parents
- The decedent’s duly appointed personal representative
- In the case of an executor who refuses to file a claim, an appointed administrator
Bear in mind that in most cases, the statute of limitations for filing a wrongful death suit is 2 years after the person’s death.
Gather Evidence
Evidence for a wrongful death claim may include documentation of the cause of death, financial records, medical records, witness statements, and more. Your attorney can help you gather the evidence needed to prove your claim.
Commence a Civil Lawsuit
Once your attorney has determined that you have a wrongful death claim and are eligible to file suit, the next step is commencing a civil lawsuit. That means that you’ll file a petition notifying the defendant of the grounds for the case, and a summons notifying the defendant that they’re being sued. If you’re suing a public authority or public benefit corporation, New York law requires you to serve a notice of claim on the authority or corporation.
Once your lawsuit has been filed, your attorney will continue working with you through each stage of the lawsuit, including negotiating a settlement or potentially going to trial and through the appeals process.
When you’re trying to get through something as traumatic as a wrongful death, it can be difficult to focus on anything but your grief. A personal injury attorney can give you room to recover emotionally by working to help you recover financially from the loss. If you’re in the New York Metropolitan Area (New York City, Nassau, Suffolk, and Westchester) and navigating a wrongful death claim, contact the Law Offices of Barry M. Goldstein today for a free consultation.
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