If your loved one recently lost his or her life as a result of another party’s negligence or wrongdoing, you’re most likely deeply saddened, overwhelmed, and unsure of where to turn. Fortunately, if you are reading this, you are in the right place. Our team of wrongful death lawyers at Mitchell J. Schroeder, P.C. stands ready to fight for the compensation and justice you deserve and need.
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. Reach out to the compassionate New York injury lawyers at our firm so you can tell us your story.
Unfortunately, devastating accidents can occur in a wide range of scenarios. Some of the most common causes of wrongful death include:
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 when filing the wrongful death claim. That said, if the person died without a will (intestate), the court will appoint an administrator, who will then have the authority to file a wrongful death claim. 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.
Under New York law, the surviving family members can be compensated for the pain and suffering of the deceased, the cost of medical care the deceased received prior to their death, funeral/burial costs, and for the loss of financial support, services, and guidance, among other things.
Any recovery for wrongful death is based upon pecuniary (monetary) loss. The damages can be calculated based on 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.
The statute of limitations for wrongful death cases in New York State is generally two years from the date of death. This means that you must file your lawsuit within two years of the day your loved one passed away. There are some exceptions and extensions to this rule, depending on the circumstances of the case. For example, if the death was caused by a criminal act, such as homicide, the statute of limitations may be tolled (paused) until the criminal case is resolved.
If the death was caused by medical malpractice, the statute of limitations may be extended to two years and six months from the date of the malpractice or the end of continuous treatment. If the death involved a government entity or employee, such as a city hospital or a police officer, you may have to file a notice of claim within 90 days of the death and a lawsuit within one year and 90 days of the death. Don’t make the mistake of waiting to file your claim. We are here to help begin the fight for justice at once.
Don’t face your wrongful death case without an experienced, compassionate wrongful death lawyer in your corner. The dedicated attorneys at Mitchell J. Schroeder, P.C. are prepared to take your case and fight for the full and fair compensation to which you are entitled.