Wrongful Death Attorney Insights: Frequently Asked Questions

Coping with the loss of a loved one is incredibly difficult, and dealing with legal matters during this time can add to the emotional overwhelm. Amidst this intense emotional struggle, you may be juggling questions about the legal process. At Shaevitz & Shaevitz, we understand the emotional toll of wrongful deaths and are here to offer compassionate support and guidance. A wrongful death attorney provides important insights to help you understand your rights and options during this difficult time. Our team is committed to providing peace of mind and ensuring you receive the justice and compensation you deserve.

Below are commonly asked questions that clients ask us when considering, filing, or pursuing a wrongful death claim in New York State.

Wrongful Death Attorney Insights: Your Questions Answered

What is a wrongful death?

New York State law defines wrongful death as a death caused by an individual’s “wrongful act, neglect or default” (New York Estates, Powers & Trusts Law § 5-4.1). Let’s break down these terms:

• “Wrongful act” refers to an intentional or reckless action. Wrongful acts include reckless driving, such as when a driver is under the influence of alcohol, or deliberate actions, like when a person deliberately assaults someone.
• “Neglect” refers to carelessness or failure to take proper care. Neglect can occur in nursing homes when staff fail to provide necessary care, such as administering medication. Healthcare providers may also commit medical neglect. For instance, if a doctor fails to diagnose a treatable condition, they can be liable for the patient’s untimely death.
• “Default” refers to a failure to do something required by law or duty. A landlord who fails to repair a hazard like a broken staircase or an employer who fails to provide mandatory safety equipment to employees may be held accountable for wrongful deaths.

Wrongful death is different from accidental death. Wrongful death involves legal fault due to negligence or misconduct and can lead to civil lawsuits for compensation. In contrast, accidental death is the result of unforeseen events and generally involves insurance claims without legal fault.

What is the purpose of a wrongful death lawsuit?

The goal of a wrongful death lawsuit is to seek justice and financial compensation for the deceased’s surviving family members. The purpose is to hold the responsible party accountable and to provide financial relief to the survivors for their loss.

Damages that can be recovered include funeral and burial expenses, lost income and benefits, medical bills incurred before the death, pain and suffering of the deceased, survivors’ lost inheritance, and other related costs. Recovering these damages can provide much-needed relief to family members and survivors during this difficult time.

Who can file a wrongful death lawsuit?

In New York, only the personal representative of the deceased person’s estate (also called the executor administrator) can file a wrongful death claim. This individual is responsible for managing the estate and pursuing legal claims on behalf of the deceased. However, the estate’s beneficiaries—such as spouses, children, or parents—ultimately receive the compensation awarded.

What does a wrongful death attorney do?

A wrongful death attorney provides essential legal support to families who have lost a loved one due to another’s negligence or misconduct. The first step that our team takes is to assess the circumstances of the death to determine if there are grounds for a wrongful death lawsuit during a free consultation. If we pursue a claim, we’ll represent your interests throughout the legal process by identifying liable parties, gathering evidence, consulting with experts, calculating damages, negotiating with insurance companies, and advocating for you in court if an appropriate settlement isn’t reached.

Your wrongful death attorney will establish the four critical elements needed for a successful claim:

• Duty of care: The attorney proves that the defendant owed the deceased a legal duty of care.
• Breach of duty: They demonstrate that this duty was breached through negligent actions or omissions.
• Causation: They link that breach directly to the cause of death.
• Damages: The attorney shows that the family suffered financial and emotional losses as a result.

Throughout the process, we’ll make sure you are informed and confident about the proceedings and advise you on the best course of action. Our goal is to take the stress out of the legal journey so you can focus on grieving your loved one.

How long do I have to file a wrongful death claim?

For wrongful deaths, New York State law defines the statute of limitations—or how long you have to file a claim—as two years from the date of the death. That means the personal representative of the estate must file the lawsuit within the two-year period to seek compensation for the wrongful death. However, certain exceptions exist, so consulting with an experienced wrongful death attorney, like those at Shaevitz & Shaevitz, can help ensure you meet all legal deadlines and requirements.

How do I pay my attorney?

At Shaevitz & Shaevitz, you never owe any money upfront! We work on a contingency fee basis, meaning we are only paid if we win your case. For successful cases, we collect one-third of the compensation we recover for our clients.

Our commitment is to help you get the justice and support you deserve without adding any financial burden during an already challenging time.

Book a Free Consultation With an Experienced Wrongful Death Attorney

At Shaevitz & Shaevitz, we genuinely care about our clients and are dedicated to guiding them through the legal process with compassion and skill. With over 65 years of experience in wrongful death and personal injury lawsuits, we have built a strong reputation for achieving justice and securing fair compensation for those we represent.

Our firm is committed to providing the support and care you need during this challenging time. We’ll ensure you never feel alone as we work tirelessly on your behalf. Trust in our experience and dedication to help you find peace and justice! Contact us today to schedule a free, no-obligation consultation.

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