Poughkeepsie Wrongful Death Attorney
Helping Families After Tragic Loss
No family is immune to the pain of losing a loved one. When that loss is caused by the negligence or wrongful conduct of another person or entity, the pain can be overwhelming. You may not know where to turn for help. At McCabe, Coleman, Ventosa & Patterson PLLC, our Poughkeepsie wrongful death lawyer is here to help you and your family through this difficult time. Our compassionate team is ready to fight for the justice and compensation you deserve.
Call our office today at (845) 209-1355 to schedule a free consultation.
What is "Wrongful Death" Under New York Law?
The loss of a loved one is never easy, but it is especially difficult when that death is completely avoidable. When a person passes due to the wrongful conduct of another individual or entity, the victim's family may be eligible for compensation. This is especially true when the victim was young or old, when the victim was dependent on others for care, or when the victim's family will suffer a loss of financial support.
Under New York law, a family can file a wrongful death lawsuit when a death occurs due to the wrongful or negligent conduct of another person or entity. This can include car accidents, defective products, workplace accidents, and medical malpractice. Under New York's wrongful death statute, a family can file a claim for up to $50,000 for each person who passed due to wrongful conduct. If multiple family members pass due to one incident, the claim can be multiplied accordingly.
What is the Statute of Limitations for Wrongful Death Claims in New York?
Each state has a statute of limitations, which is the amount of time a family has to file a wrongful death claim. New York's statute of limitations is 2 years. This means that your family has 2 years from the date of your loved one's passing to file a claim. If you wait too long to file a claim, the court may reject your case.
Who Can File a Wrongful Death Lawsuit in NY?
In New York, a wrongful death lawsuit can be filed by specific individuals who are designated by law as "personal representatives" of the deceased person. These individuals are typically close family members or the executor or administrator of the deceased person's estate.
The specific order of priority for filing a wrongful death lawsuit in New York is as follows:
- Spouse: The surviving spouse has the primary right to file a wrongful death lawsuit. If there is no surviving spouse, the right passes to the next eligible family member.
- Children: If there is no surviving spouse, the surviving children of the deceased person can file a wrongful death lawsuit.
- Parents: If there is no surviving spouse or children, the surviving parents of the deceased person may have the right to file a wrongful death lawsuit.
- Personal Representative: If there are no surviving spouse, children, or parents, the personal representative of the deceased person's estate can bring a wrongful death claim. The personal representative is typically the executor or administrator appointed by the court.
It's important to note that in New York, the personal representative is required to act on behalf of all eligible family members who could potentially recover damages in a wrongful death lawsuit. The damages awarded in such cases are intended to compensate the family members for the losses they suffered due to the death of their loved one.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
The goal of a wrongful death lawsuit is to ensure that the family is compensated for the loss of their loved one. The money you recover can be used to pay for your loved one's funeral and burial, to pay off outstanding debts, to pay for the loss of financial support, and more. In a wrongful death lawsuit, you can seek compensation for economic and non-economic damages.
Economic damages include:
- Funeral and burial costs
- Lost wages
- Lost benefits
- Medical expenses
- Loss of household services
- Reduced value of the family's home
- Reduced value of the family's business
- Loss of companionship
- Loss of future earnings
Non-economic damages include:
- Grief and sorrow
- Loss of consortium
- Loss of guidance
- Loss of protection
- Loss of love and affection
In many cases, the goal of a wrongful death lawsuit is to ensure that the defendant is made to pay for the full value of the victim's life. This can include the victim's lost wages, future earnings, household services, and more.
Talk to a Wrongful Death Lawyer in Poughkeepsie Today
If you have lost a loved one due to the wrongful or negligent conduct of another individual or entity, you do not have to face this difficult time alone. Our Poughkeepsie wrongful death lawyer is here to help you and your family obtain the justice and compensation you deserve. We can help you navigate New York's complex legal system and fight for the compensation you need to move forward after such a devastating tragedy.