The sudden loss of a loved one is profoundly devastating, especially when the death was caused by someone else’s wrongful actions or negligence. A wrongful death attorney in Harris Hill, NY, can help surviving family members seek financial compensation. Damages can be pursued by a personal representative of the deceased’s estate through filing a claim.
If you recently lost a loved one in a fatal accident, please accept our deepest condolences. At Richmond Vona, LLC, we understand the profound injustice you may be experiencing and want to help you find closure. Our legal team has over 30 years of experience advocating for those in need. Contact our personal injury lawyers in Harris Hill for a free consultation.
The Benefits of Hiring Our Wrongful Death Lawyers
A wide range of accidents can form the basis of a wrongful death claim. If your loved one died in a fatal car crash or construction accident, you could qualify for compensation. Our lawyers have years of experience representing surviving family members after losing a loved one under many different circumstances. We know how to build a winning case.
In addition to wrongful death attorneys, our legal team in Harris Hill also includes:
- Bicycle accident lawyers
- Boat accident lawyers
- Bus accident lawyers
- Car accident lawyers
- Construction accident lawyers
- Motorcycle accident lawyers
- Pedestrian accident lawyers
- Premises liability lawyers
- Slip and fall lawyers
- Truck accident lawyers
By having legal professionals who focus on different areas, we can tailor our strategies to the unique aspects of each case. For example, having car accident lawyers within our team allows us to delve into the intricacies of motor vehicle accidents. Our attorneys bring a nuanced understanding of traffic laws, insurance regulations, and accident reconstruction techniques.
For a free legal consultation with a wrongful death lawyer serving Harris Hill, call (716) 300-5885
New York’s Wrongful Death Laws
Similar to personal injury law, wrongful death law allows individuals to pursue compensation for losses resulting from injuries caused by someone else’s negligent or intentionally harmful actions. However, one of the main differences is who initiates the claim and receives financial compensation.
Who Can File a Wrongful Death Claim?
In the context of a personal injury lawsuit, the injured party has the right to file a claim seeking compensation. In the tragic event of a person’s demise due to their injuries, the deceased individual is no longer able to file a claim on their own behalf. Instead, the personal representative of the victim’s estate will initiate legal proceedings.
New York’s wrongful death law recognizes the crucial role of the “personal representative” of the estate, allowing them to file a compensation claim. Essentially, this legal framework acknowledges that, in the absence of the deceased’s ability to file a claim, the personal representative assumes this responsibility.
The personal representative can then pursue damages on behalf of close surviving family members and others who have experienced losses due to the death. It is also possible for a family member to file a claim if they are also the estate representative.
While the process can seem complex, working with our Harris Hill wrongful death lawyers will simplify things. Knowing that your case is in the hands of a professional from Richmond Vona, LLC, you can take the time you need to grieve and heal.
Who Receives the Wrongful Death Damages?
In the event of a successful case, the personal representative effectively safeguards the awarded damages in a trust for the individuals rightfully entitled to receive them.
In New York, the wrongful death damages belong to:
- The deceased’s beneficiaries
- The deceased’s heirs
- The deceased’s estate
- The deceased’s devisees
Usually, though exceptions may exist, these individuals include surviving family members like spouses, domestic partners, children, and other dependents. If you are not sure whether you are eligible for damages, our wrongful death lawyers can determine this after reviewing your case.
Harris Hill Wrongful Death Lawyer Near Me (716) 300-5885
Possible Wrongful Death Damages
In a New York wrongful death lawsuit, the personal representative has the authority to pursue compensatory damages. As the term implies, these aim to provide compensation for the losses incurred.
Two types of compensatory damages may be granted in a New York wrongful death case: economic and non-economic damages.
Economic Damages
These compensate for economic losses, otherwise known as objective financial losses. Economic damages seek to address the tangible and measurable aspects of the financial impact experienced by the surviving family members.
Economic damages in a wrongful death claim include:
- The victim’s medical bills prior to death
- Funeral and burial expenses
- The deceased victim’s lost wages before death
- The decedent’s future lost wages
Non-Economic Damages
In contrast, the second category seeks to compensate for more subjective losses that are challenging to quantify. Non-economic damages aim to address the emotional and intangible aspects of the losses incurred.
Under New York law, surviving family members are usually not allowed to seek non-economic damages for their own psychological injury or suffering. Even though non-economic damages may be accessible for the pain and suffering of the deceased, a spouse or child cannot pursue damages for their pain and suffering.
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New York’s Statute of Limitations for Wrongful Death Lawsuits
In New York, wrongful death lawsuits are subject to a specific time frame known as the statute of limitations. This legal provision sets a deadline for initiating legal proceedings after the death of a loved one due to someone else’s negligence or intentional actions.
The statute of limitations for wrongful death cases in New York typically requires filing a lawsuit within two years from the date of the individual’s death. Failing to adhere to this time constraint may result in the forfeiture of the right to seek compensation through a legal claim.
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Contact Our Harris Hill Wrongful Death Attorneys for Compassionate Legal Guidance
Thinking about filing a lawsuit after the loss of a loved one can be overwhelming. However, pursuing a wrongful death claim can help manage some of the financial burdens associated with your loss. Moreover, it provides a means to hold the accountable party responsible for the injuries that led to your loved one’s death.
Our experienced wrongful death lawyers are here to engage in a compassionate discussion about your case today. For more information on how we support families with wrongful death claims in the Harris Hill area and across New York, please contact Richmond Vona, LLC.
Call or text (716) 300-5885 or complete a Free Case Evaluation form