Although losing a loved one is devastating, losing a loved one due to someone else’s negligence may be far more traumatic than losing a loved one. When someone you care about dies due to carelessness or intentional misconduct, you should learn about your legal options for obtaining compensation from the person or organisation responsible.
Although it is difficult to make up for the death of a loved one via legal action, damages may be awarded to assist you in paying funeral expenses, accounting for your loved one’s lost wages, and giving closure to your grieving family. A claim for wrongful termination is a legal action that may be brought against the individual or people responsible for the death of a family member or friend.
In New York, what constitutes wrongful death? Medical Malpractice lawyers can supply you with further information.
Wrongful Death Claims: What Are They?
When someone dies due to the negligence or intentional conduct of another, a wrongful death lawsuit may be brought against that person. As a result, you should be aware of the relationship between wrongful death and personal injury litigation. In contrast to personal injury law, which allows a victim of a crime to sue the party responsible for the injuries and order to receive payment on their behalf, criminal death law recognizes that the crime victim has died and allows a third party to sue on their behalf in a civil lawsuit.
Unlike other states, New York requires the estate’s representative payee to file a malicious prosecution case, even if the deceased’s remaining family members are eligible to do so. Consequently, it is essential to remember that the personal representative will defend the remaining family members in any damages claims that may be filed against the estate.
New York’s Wrongful Death Statutes
The following is the legal definition of malicious prosecution in the city of New York: wrongful death is defined under the statutes of the state of New York as the death of a person as a result of the “wrongful act,” “negligent act,” or “default” of some other party. It is called unlawful death when a person dies as a result of the actions or inaction of another party that have been reckless or irresponsible on the part of that party (such as an accident or a medical error). It is referred to as wrongful death when someone is killed due to another party’s purposefully detrimental conduct.
For those whose loved ones have died because of the negligence of another person who “would have been accountable to the decedent for such unlawful behavior if death had not occurred,” it may be possible for the deceased’s family to seek compensation via legal action.
The statute of limitations for actions for wrongful death in New York is two years after the decedent’s death, and the clock begins ticking from the day of the decedent’s death.In the state of New York, if a lawsuit is not filed within two years after the date of the baby’s death, then the case will be ruled time-barred and the claim will be rejected.
SPEAK WITH A WRONGFUL DEATH ATTORNEY NOW
When it comes to wrongful termination claims in New York, a Wrongful Death Attorney can assist you with your inquiries as fast as possible. Please contact us if you would like to learn more about how we might be of assistance to you.