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Filing a wrongful death claim in New York

The loss of a loved one is oftentimes one of the worst experiences we will ever have to go through. Losing someone in an accident can be especially traumatizing, as it is often unexpected and could have been avoided had one or more parties not acted negligently. If you have lost someone in an accident, filing a wrongful death suit may be an option for you to recover financial compensation to support you and your family during this difficult time.

Who can file a wrongful death claim?

Not every loved one is entitled to wrongful death damages, even if they were close to the decedent. In New York, only the following individuals could file a wrongful death suit:

  • Spouse of the decedent
  • Child of the decedent
  • Parent of the decedent
  • Personal representative of the decedent

Establishing wrongful death

Filing a wrongful death claim will require you to prove several elements. In New York, you will have to establish:

  • Death – You will have to show that someone passed away.
  • Wrongful conduct/negligence – You will need to prove that the person you are suing (the defendant) was intentionally reckless or negligent.
  • Causation – You will need to show that the death was caused by the negligence or wrongful conduct of the defendant.
  • Survivor – You will need to show that you are a legal survivor entitled to damages as a result of the death.

Recovering damages after losing a loved one will not erase the pain you are going through. However, it can provide your family with financial stability as you go through the grieving process. A personal injury attorney can help you file your claim and present your case effectively to give you the best chance at recovering damages.

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