After the tragic death of a loved one caused by someone else’s negligence, no amount of money could ever compensate you for your loss. Filing a wrongful death claim is a legal means to seek justice for your loved one and recovery for your family’s future. At Pollack, Pollack, Isaac & DeCicco, LLP, we believe negligent parties should be held accountable for causing a wrongful death.
Wrongful death is a legal term referring to the death of a person caused by the negligence or intentional misconduct of another person or entity. It denotes a civil action in which damages are sought against the party responsible for causing the death. A wrongful death claim can arise when the deceased victim would have had a valid personal injury claim against the defendant had he or she survived.
Wrongful death occurs when a fatality is caused by careless, reckless, negligent, or intentionally wrongful actions of another party. It may be caused by many different types of accidents and injuries. Common causes of wrongful death include the following:
The personal representative for the deceased victim, duly appointed in New York or another jurisdiction, may bring a wrongful action in civil court, under New York law, Section 5-4.1. For a wrongful death claim to be brought, the deceased person must be survived by distributees (individuals who will inherit property or receive distributions from a trust). The claim is brought against the person or entity that would have been liable to the deceased victim if death had not ensured.
As stated in the statute, a wrongful death claim must be commenced within two years after the death. This is known as a statute of limitations (time limit imposed by law). However, if criminal charges have been filed against the defendant for the same event or occurrence from which the wrongful death claim arose, you have at least one year from the termination of the criminal action to file a claim, even if the statute of limitations has expired or has less than one year remaining.
For skilled legal representation in a wrongful death claim, contact the personal injury attorneys at Pollack, Pollack, Isaac & DeCicco, LLP at 800-223-2814. Our New York City wrongful death attorneys are dedicated legal advocates for victims of wrongful death.
Helping Injured Victims in New York and New Jersey Since 2004
CONSTRUCTION WORKER FALLS ON HEAD FROM SCISSOR LIFT
PASSENGER STRUCK BY MTA BUS DOOR
MTA BUS ACCIDENT RESULTS IN LEG FRACTURE
PASSENGER INJURED IN VEHICLE
PEDESTRIAN HIT BY CAR
FAILURE TO PROPERLY MONITOR PATIENT DURING PROCEDURE
TRIP & FALL ACCIDENT DUE TO CITY NEGLIGENCE
PEDESTRIAN STRUCK BY BUS
PEDESTRIAN STRUCK BY FORKLIFT
REAR-END ACCIDENT RESULTS IN KNEE SURGERY
SINGLE CAR ACCIDENT DUE TO OPEN MANHOLE
REAR-END CAR ACCIDENT
CONSTRUCTION WORKER SCAFFOLD FALL
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