The lawyers at Mitchell J. Schroeder, P.C. are well-versed in wrongful death cases and understand the death of a family member is heart wrenching, especially when it’s an untimely death due to someone else’s negligence.
If another party is responsible for your loved one’s untimely death, you may have a viable wrongful death case.
Under New York law, the surviving family members can be compensated for the pain and suffering of the deceased. Also, they can recover money for the loss of financial support, services and guidance.
These wrongful death claims must be filed within 2 years of the person’s death. In order to file a wrongful death lawsuit an executor or administrator must be appointed by the Surrogate’s Court. The executor or administrator will represent the estate. If the person died without a will (intestate), the court will appoint an administrator. If the person died with a will, it must be probated before the wrongful death case is commenced. In either scenario, an executor or administrator needs to be appointed before the statute lapses.
Any recovery for wrongful death is based upon pecuniary (monetary) loss. The damages can be calculated based upon income and life expectancy. The settlement may need to be approved by the court depending on the circumstances. Should the settlement be accepted, the estate will be responsible for the decedent’s back taxes.
You will need an experienced law firm to handle a wrongful death case. The attorneys at Mitchell J. Schroeder, P.C. are experienced and knowledgeable in this area of law.
The attorneys at Mitchell J Schroeder P.C. can help you. Please call us at (844) 851-8511 for a FREE NO-OBLIGATION consultation. We have appointments available throughout the NY metropolitan area.