How do you begin to recover from the unexpected loss of a loved one? How do you compartmentalize your grief to attend to that person’s estate? Most families require a lot of time and patience to get through a loved one’s passing. Taking legal action while you’re still dealing with that grief may feel impossible.
With Richmond Vona, LLC on your side, though, you can balance your grief with your right to a civil case. The wrongful death attorneys in Cleveland Hill can prioritize an investigation into your loved one’s death without retraumatizing you or your family.
Do you want to learn more about what a Cleveland Hill personal injury lawyer can do for you? Reach out to Richmond Vona, LLC today to schedule a free case evaluation.
Who Can Take Action After a Wrongful Death?
New York Consolidated Law §4-1.1 dictates who can and cannot file a wrongful death lawsuit after a person’s passing. You must submit proof that you’re either the deceased’s parent, spouse, child, or legal representative before you move a personal injury case forward on their behalf.
If you do not fill one of these roles, you may still take legal action against the party responsible for a loved one’s passing. In doing so, however, you can only list your own losses among the damages you want from your lawsuit. You may not include any of the deceased’s losses in your request for compensation.
Parties wondering about their right to legal action can contact Richmond Vona, LLC’s Cleveland Hill wrongful death attorneys to discuss their circumstances in more detail.
Can You Initiate Criminal Proceedings Against an Offending Party?
No matter what your role in another person’s life was, you cannot initiate criminal proceedings against that party. Only the state of New York can open a criminal case against someone, even in the wake of another party’s death.
That said, keep your ear to the ground. If the state opens up a criminal case against the same party you’re holding liable for a loved one’s death, you need to listen for the criminal case’s verdict. If the state convicts your liable party, you can submit that conviction to a civil judge as proof of the liable party’s negligence.
For a free legal consultation with a wrongful death lawyer serving Cleveland Hill, call (716) 300-5885
When Can You Take Action After a Wrongful Death?
The statute of limitations that applies to your wrongful death case isn’t the same as the one that applies to most other personal injury cases. According to New York Estates, Powers, and Trusts (EPT) 5-4.1, you have two years from the day of your loved one’s death to bring your claim forward. New York Civil Practice Law & Rules § 214 usually gives you three years to file.
That said, there are exceptions to this statute of limitations. According to N.Y. C.P.L.R. § 214-a, families have two and a half years to bring forward wrongful death claims if those claims address medical malpractice.
Criminal Cases and Your Filing Deadline
In reference to criminal cases and wrongful death claims, N.Y. Est. Powers & Trusts Law § 5-4.1 says the following:
“Whenever it is shown that a criminal action has been commenced against the same defendant with respect to the event or occurrence from which a claim under this section arises, the personal representative of the decedent shall have at least one year from the termination of the criminal action…maintain an action, notwithstanding that the time in which to commence such action has already expired or has less than a year remaining.”
What does this mean? It means that should the state assume a criminal case against your liable party, you have until the first anniversary of that case’s conclusion to file your civil claim. You can work out the deadline most relevant to your case when you first schedule a case consultation.
Cleveland Hill Wrongful Death Lawyer Near Me (716) 300-5885
What Damages Can You Secure in a Wrongful Death Case?
You may have the right to a range of damages in the wake of a loved one’s passing, including the following:
- A loved one’s pre-mortem medical expenses
- The cost of a loved one’s funeral
- A loved one’s lost wages and/or income
- Loss of consortium
- Loss of companionship
- Loss of parental guidance, if applicable
- Reduction in inheritance, if applicable
- Pain and suffering
- Emotional distress
Our team can return to the scene of a loved one’s accident to find evidence defending your right to certain forms of financial support. Unfortunately, there’s no such thing as an average wrongful death settlement. That said, our team can produce an estimate of your case’s value before submitting your wrongful death claim.
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Do You Have to Go to Trial After a Wrongful Death?
You do not have to go to trial to secure a fair settlement for a loved one’s wrongful death. You can request that a Cleveland Hill, NY, wrongful death attorney arrange out-of-court negotiations with the party liable for your loved one’s losses.
That said, negotiating with the party that allegedly killed your loved one isn’t always a comfortable process. While attorneys can mediate these negotiations, emotions can sometimes get the best of one or multiple parties. You can discuss whether or not to pursue negotiations for wrongful death damages when you first meet with our attorneys.
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Let Richmond Vona, LLC Mobilize on Your Behalf
It can be difficult to get your life back on track after the death of a loved one. If you don’t have the emotional bandwidth to pursue a civil case, Richmond Vona, LLC can step in and represent you. Our team of experienced Cleveland Hill wrongful death lawyers is prepared to investigate your loved one’s accident.
We continually advocate for your right to fair damages in the wake of a loved one’s death. What’s more, we do so on contingency. You don’t have to worry about legal fees while your case is in progress. Richmond Vona, LLC only gets paid if we win your case.
Are you ready to learn more about our services? You can contact us today for a free case evaluation.
Call or text (716) 300-5885 or complete a Free Case Evaluation form