The first thing you need to know is if you’re eligible to file a wrongful death claim and receive compensation for the loss of your loved one. In the state of New York, only the executor of the estate (the personal representative of the deceased) may file a wrongful death claim, but they do so on behalf of spouses, children, or parents of the deceased, who will become the beneficiaries in the event of a settlement.
When you file a wrongful death claim, you stand to recover compensation related to certain expenses and economic losses, including:
Medical bills related to the incident, incurred before your loved on died
Funerary costs
Burial or cremation costs
Loss of anticipated wages, as well as work benefits
Loss of inheritance
You should also know that the statute of limitations for wrongful death claims is fairly short. While most personal liability cases allow for a three-year window to file a claim, you only have two years from the date of death to file a wrongful death lawsuit. While it can be hard to muster the energy to fight a legal battle in the wake of such significant loss, it’s best to consult with the wrongful death attorneys at Shaevitz & Shaevitz as soon as possible so we can get the ball rolling on your case and you can rest easy knowing it will be handled in a timely manner.