In New York, a wrongful death occurs when an individual dies due to the negligence of the defendant. These cases can relate to a variety of circumstances such as medical malpractices, product’s liabilities, and criminal acts. The following are commonly asked questions about these lawsuits reviewed by a Wrongful Death Attorney Queens County NY.
What is the Primary Objective of the Wrongful Death Lawsuit?
The primary objective of the wrongful death lawsuit is to hold the defendant accountable for the family’s loss. This loss relates to the loss of financial support, expenses, and companionship. For children that are orphaned, it is based on the loss of future support and guardianship.
What is the Claim Against the Defendant?
The claim is that they caused the death of the victim due to indirect circumstances or intentional actions. An immediate family member files the claim against the individual due to at least partial negligence on the part of the defendant.
What is the Time Limit Imposed on the Victim’s Family?
According to New York legal statutes, the family has a window of two years only to file a lawsuit. The deadline is the second anniversary of the event that caused the fatality. This factor is often confused with the date in which the victim died. However, this isn’t the case under New York legal provisions. Any claim that isn’t filed prior to this anniversary stops the family from access compensation through these measures.
What Parties are Eligible for Compensation Through the Lawsuit?
Immediate relatives include the victim’s children, spouse, and their biological parents. However, if the victim was adopted, the adoptive parents have the right to file a claim. If their surviving children are minors, they need a guardian ad item to present them in these legal proceedings.
In New York, a wrongful death lawsuit enables families to collect compensation after a fatality occurs. These fatalities are linked to criminal or negligent actions on the part of the defendant. Families that need help through a Wrongful Death Attorney Queens County NY contact the Law Office of Steven R. Smith or Visit Online for further answers right now.
