When you lose someone you love prematurely due to someone else’s actions, no one can ease your pain. But, wrongful death suits at least allow you the opportunity to hold the person responsible accountable for his or her actions, and obtain fair compensation for your family’s financial loss and the conscious pain and suffering endured by your loved one.
A wrongful death suit can have different applications. For instance, an individual can bring a wrongful death suit for negligence that resulted in the death of a loved one (such as medical malpractice); for a deliberate act that resulted in the death of a loved one; or for recklessness (such as reckless driving) that resulted in the death of a loved one.
Although no amount of money ever could make up for losing someone you love, a wrongful death suit can sometimes help you obtain monetary compensation when you need it the most. In New York state, for example, you may be compensated for any costs you incurred while caring for your loved one including doctor bills, nursing care, hospital care and funeral expenses.
New York also allows family members (generally spouses and children) to seek compensation for what you and your loved one might have had in the future such as income your loved one would have earned, benefits, and even loss of companionship.
Where to Begin
If you suspect that someone you love died due to negligence, the first thing to do is speak with an attorney knowledgeable in wrongful death suits. Keep in mind that in New York, you generally have two years from the time of the incident to file suit.
But, in cases involving the city, state or local government, or an entity owned and run by the city, state or local government, you usually have only 90 days from the date of the incident to file a notice of claim. Therefore, you should not waste any valuable time.
Be sure to bring all important documents with you to your attorney’s office including the original death certificate; the will (if one exists); copies of medical and/police reports; proof of your expenses; the names and addresses of family members; and your loved one’s tax returns. Additionally, if you have had an autopsy performed, bring a copy of the results with you.
When you select your attorney, be certain that in addition to being a skilled trial attorney, he or she also is someone you feel comfortable with. That is crucial during a time of loss. At The Noll Law Firm, we insure our clients that we always are there for them – to answer all questions they may have or just talk, if they need to. We also have access to a trusted group of professionals: estate attorneys, accountants and financial planners that can help you through what is probably the worst time in your life.
