By definition, any accident serious enough to result in the wrongful death of an individual is a traumatic event for all loved ones. Once the immediate shock and anguish of the event have been assimilated, the realities of long term ramifications and implications for a family’s future sometimes begin to take shape.
In situations where the loss of a loved one is due to a preventable accident, we can be there to assist you. Apart from the necessity of setting up a legal Estate to represent the interests of the family in such situations, there are other intricacies to be considered in connection with asserting claims for damages where there has been a death. For instance, the limitations period for filing such actions in New York is limited to no more than two years, and may be significantly less if the potential claims to be asserted are against governmental or quasi-governmental entities.
As difficult as it may be to understand for those who are not legal professionals, wrongful death claims are a creation of statute, and under New York law, permissible claims which are strictly related to the death of an individual are based on principles of “pecuniary loss.” There are also claims which can be asserted for pre-death pain and suffering, which are not, strictly speaking, “wrongful death” claims, but, rather, “survival claims.” Though sometimes experienced over an abbreviated period of time, the law recognizes that due to the unique, devastating, and excruciating nature of such experiences, pre-death pain and suffering and pre-death terror and fear of impending death can be properly compensable at significant levels.
Over the years, our Firm has handled many of these types of cases, and has the experience to properly determine and assert the permissible damages from such claims. In order to determine whether there is any legal recourse in such situations, it is helpful to seek timely advice from a professional. We are here to answer your questions and address your concerns.