Should I File a Wrongful Death Claim?

Should I File a Wrongful Death Claim?

Losing a loved one can cause extreme grief, and the experience can be emotionally taxing for family and friends. Suffering may come and go in waves while you hold that feeling of significant eternal loss. Healing may seem impossible, and coping with a preventable death can make coping feel even more unattainable.

Although no amount of money can ever replace a loved one if their death resulted from negligence or reckless actions of another person, New York law offers some relief to surviving family members. In the aftermath of a fatal accident, filing a lawsuit may be the last thing on your mind. We understand this is a difficult time in your life, and we’re here to help.

Why File a Wrongful Death Claim After a Fatal Accident?

The reasons to file a wrongful death claim may be different from individual to individual. After some accidents, family members may choose to file a wrongful death claim to recover compensation to help cover funeral expenses, overwhelming medical bills, lost benefits, income, and more.

Additionally, some may choose to file a wrongful death claim against the parties responsible to be financially accountable for their behavior. This may be driven by a hope that the party responsible may avoid repeating their wrongful act and harming others in the future. In addition to a wrongful death claim, some may even choose to file additional criminal charges against the negligent.

How Much Time Do I Have to File a Wrongful Death Claim?

In New York, wrongful death claims must be filed with two years of the victim’s death. However, if the parties responsible for the fatal accident are also pending criminal charges, you have additional time to file. You would have an additional year after their criminal case has closed to file a wrongful death claim.

If you are putting off filing a claim while you are handling grief, we are here to help. We can meet with you and your family to discuss your case and options. We can help manage the moving parts and pieces of filing so you can focus on what’s most important during this tragic time.

If you’d like to schedule a free consultation to discuss your claim, contact Loscalzo & Loscalzo, P.C. at (646) 846-4776 to consult with one of our attorneys today.

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