Nothing can ever repair the full effects of losing a loved one. The hole that is left behind is there forever. If you have lost a loved one due to the negligence of another, your world may have been completely turned upside down. In addition to the emotional toll this can take on you and your family, you may also be afraid of how you are going to pay the outstanding medical bills of the deceased, the funeral expenses, and how you are going to get by financially without the support of the person you have lost. A wrongful death action can help you repair the financial damage that has been done. Attorney Michael LoGiudice fights for families that have lost someone because another person acted negligently. At Michael LoGiudice, LLP, we fight the legal battles so that you can focus on supporting and being supported by your loved ones in times of greatest need.
What is a Wrongful Death Claim?
If the negligent act of someone else resulted in the death of a loved one, there may be grounds to seek compensation for economic losses that a survivor sustained as a result. This is a wrongful death claim. Wrongful death actions arise from a variety of personal injury cases, such as:
- Auto accidents
- Bike accidents
- Pedestrian accidents
- Construction accidents
- Products liability
- Medical malpractice
There is a two-year statute of limitations on these types of claims, with some exceptions. If there is a criminal proceeding brought against the wrongful death defendant, you have at least one year from the end of the criminal proceeding to bring a wrongful death action, even if the two-year statute of limitations has already passed. Also, if the person who died only left a minor heir, or “distributee,” the two-year clock on the statute of limitations will not start to run until a guardian has been appointed or the distributee has reached 18, whatever happens first.
In New York, only the personal representative of the deceased individual’s estate is allowed to file a wrongful death claim. No family member is allowed to file the claim in court unless that person also happens to be the personal representative. However, the monetary compensation, or “damages,” awarded as the result of a wrongful death action are solely for the benefit of the deceased individual’s distributees. The damages are meant to compensate them for their pecuniary losses sustained as a result of the death. So, while the personal representative files the action, the actual monetary award is for the distributees.
In a wrongful death action, you can recover compensation for the following:
- Medical expenses incidental to the death
- Funeral expenses
- Loss of services
- Loss of earnings
- Loss of support
When calculating these losses, the jury will consider things such as the age, life expectancy, and number of the decedent’s distributees. The jury will also consider the age, health, and life expectancy of the decedent at the time they sustained the fatal injury.
We Take Care of the Legal Battles So That You and Your Loved Ones Can Take Care of Each Other.
In times when families need help the most, dedicated personal injury attorney Michael LoGiudice is here. At Michael LoGiudice, LLP, we stand up for the injured and for the family of the injured. Contact us today and get the legal support you need.