Amidst tragedy, losing a loved one due to someone else’s negligence or misconduct is a devastating and deeply painful experience. When such unfortunate circumstances arise, knowing how to seek justice and hold the parties involved accountable becomes crucial. That’s why the help of a Wrongful Death Lawyer is indispensable.
But do you know what a Wrongful Death Lawyer does and how they can help you in these types of cases? In this article, we’ll tell you everything you need to know so that you can access the justice you deserve, with the help of a legal team that truly cares about upholding your rights.
If you need to hire a Wrongful Death Lawyer in New York, Nonna Shikh Law has the best. With over 25 years of experience in these types of cases, our lawyers know your rights and are ready to help you seek justice before the necessary authorities.
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What does a Wrongful Death Lawyer do?
A Wrongful Death Lawyer is a legal professional who specializes in representing the family members or loved ones of a deceased person due to the negligence, recklessness, or misconduct of another person or entity. Their main objective is to seek justice on behalf of surviving family members and obtain compensation for damages and losses suffered due to the unjust death of their loved one.
Among the main actions that a Wrongful Death Lawyer can take are evaluating the case, collecting appropriate evidence to support the testimony of the victim’s family member, providing legal representation, and support if it is necessary to file a lawsuit to win the case. Following this process, it will be much easier for the victim’s family members to obtain the compensation they deserve for their loss, recovering each of the expenses generated by the accident.
How to file a wrongful death lawsuit in NY?
Filing a wrongful death lawsuit in New York is a complex legal process that requires following certain fundamental steps. Here are five essential steps to file a wrongful death lawsuit in NY.
Step 1. Consult with a wrongful death lawyer
The first crucial step is to seek the advice of a lawyer experienced in wrongful death cases in New York. Our lawyers at Nonna Shikh Law can evaluate the details of the case, determine if there are solid legal grounds, and guide family members about the process and their legal rights.
Step 2. Establish eligibility to file a lawsuit
In New York, only certain close family members of the deceased have the right to file a wrongful death lawsuit. These usually include spouses, children, and in some cases, parents. It is important to verify eligibility criteria before proceeding.
Step 3. Gather evidence and documentation
Gathering evidence is essential to support the claim. The lawyer will work with family members to gather relevant evidence such as medical reports, police records, witness testimonies, photographs, and any other element that demonstrates the negligence or liability of the defendant.
Step 4. File a notice of claim
In New York, it is required to file a notice of claim within a specific period (usually 90 days) to the entity or person blamed for the wrongful death, notifying them of the intention to file a lawsuit. An experienced lawyer can help prepare this notice and ensure that all legal requirements are met.
Step 5. Initiate the lawsuit and litigation
If a satisfactory agreement is not reached through the notice of claim, formal lawsuit filing proceeds in court. The lawyer will represent surviving family members in litigation by presenting arguments, presenting evidence, and defending plaintiffs’ rights. The process may take time, and it is essential to have an experienced lawyer to guide family members throughout the process.
What are the benefits of filing a wrongful death lawsuit?
Filing a wrongful death lawsuit can provide several benefits to surviving family members. Here are six key benefits:
- Financial compensation: Family members can receive compensation for medical expenses, funeral costs, and other expenses related to the loss of their loved one, which helps alleviate the economic burden associated with the loss.
- Justice and accountability: Filing a lawsuit can help hold negligent or responsible parties accountable for the wrongful death, providing a sense of justice for the family and the community.
- Future prevention: By holding those responsible accountable, a clear message can be sent to other individuals or entities about the importance of acting with care and responsibility, which can help prevent future accidents or negligent acts.
- Emotional closure: Through the legal process, family members can find some degree of emotional closure by obtaining answers and recognition of their loved one’s loss.
- Protection of survivors’ rights: The lawsuit can ensure that surviving family members’ rights are protected and that they are awarded the compensation they deserve for the loss of their loved one.
- Sense of purpose: The legal action can provide surviving family members with a sense of purpose by fighting for the memory of their deceased loved one and ensuring that their death was not in vain.
It is important to note that each case is unique, and specific benefits may vary depending on the individual circumstances of each wrongful death lawsuit. Consulting with a lawyer specializing in these cases can provide a more accurate understanding of potential benefits for surviving family members.
Work with the best Wrongful Death Lawyers in New York
In times of pain and loss, facing the wrongful death of a loved one can be overwhelming. However, knowing that there are legal avenues to seek justice and protect the rights of surviving family members can offer a ray of hope in the midst of darkness.
At Nonna Shikh Law, we understand the importance of providing compassionate and professional support to those who have lost a loved one due to the negligence of others. Our team is dedicated to protecting our clients’ rights and seeking the maximum level of compensation to alleviate their financial and emotional burden.
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Who can file a wrongful death lawsuit in New York?
In New York, those who can file a wrongful death lawsuit are close family members of the deceased individual. This usually includes spouses, children, and in certain circumstances, parents. Surviving family members can seek justice and compensation for the loss of their loved one due to the negligence, recklessness, or misconduct of another person or entity.
How long do I have to file a wrongful death lawsuit after my loved one’s death?
In New York, the time limit for filing a wrongful death lawsuit, known as the statute of limitations, is generally two years from the date of the loved one’s death. It is essential to act quickly and seek the advice of a wrongful death lawyer to ensure that this deadline is met and to protect the legal rights of surviving family members during this difficult process.
What evidence is needed to support a wrongful death lawsuit?
To support a wrongful death lawsuit in New York, solid evidence is required. These may include medical and autopsy reports that demonstrate the causal relationship between negligence and death, testimonies from eyewitnesses, documentary evidence supporting the liability of the defendant party, and financial records to quantify economic damages.
In addition, photographs, videos, and any other evidence that helps reconstruct events and demonstrate negligence will be fundamental in strengthening the case. At Nonna Shikh Law, we help you collect all necessary evidence. Call now at 718-295-4000 and discover how we can seek justice in your case.
The team of writers of Nonna Shikh is made up of a group of lawyers specialized in personal injury, traffic, construction and slip and fall cases. Each member of the team has extensive experience in their area of specialization and is committed to providing the best defense and compensation to their clients in New York City.