Losing a loved one is always an incredibly painful experience, but this can be especially true if you lost your loved one because of another person’s negligence. If you find yourself in this situation, you should understand that our Ulster County wrongful death lawyer is here to help, and our compassionate legal team is on your side. Contact John A. DeGasperis, Esq. today to learn more.
Ulster County Wrongful Death Lawyer | Helping Families in NYS
Losing a loved one is the hardest thing anyone will have to endure. Our firm understands this, and we will approach your case with the utmost sensitivity and care. Our Ulster County personal injury lawyer is here to help attain the justice you, your family, and your loved one deserve.
Who Can Bring a Wrongful Death Claim in New York State?
In some other states, anyone aggrieved by the loss of a loved one can bring a wrongful death claim. However, this is not the case in New York. In New York State, only the personal representative of the estate is allowed to bring a wrongful death claim on behalf of the victim. The representative will then seek damages on behalf of the deceased party’s family.
Fulfilling the Burden of Proof
To have a valid wrongful death claim in New York, you and your Ulster County wrongful death lawyer will have to prove several things. First, you must prove that there was a death, and that the death was caused by another party’s negligence. You must also prove that had the victim lived, the negligent party’s actions would have been considered illegal. You must then prove that the victim left behind one or more family members who have suffered economic and non-economic damages as a result of the death, and that the grieving party is entitled to financial compensation.
Recovering Compensation
As long as we can prove your wrongful death claim, you should receive compensation for both economic and non-economic damages. The compensation you receive in your wrongful death claim may cover the following:
- Funeral costs
- The cost of the medical treatment your loved one received before passing away
- Lost inheritances for surviving children
- The cost of lost wages incurred by your loved one’s untimely death
- Emotional trauma or pain and suffering
- The cost of services around the house that the loved one once handled. For example, if the victim once did the landscaping and you now have to hire a landscaper every week, you may be compensated
- Loss of companionship or guidance once provided by the decedent
- 9% interest on the recovery awarded (this begins on the date of death)
Statute of Limitations
Though the statute of limitations for most personal injury claims in New York is three years, the statute of limitations for wrongful death claims is even shorter. In New York, you will only have two years from the date of death to bring your wrongful death claim against the liable party.
Contact an Ulster County Wrongful Death Lawyer
We understand that getting involved with legal proceedings is most likely the last thing you want to do after losing a loved one, however, taking action now can bring you one step closer to the closure you and your family deserve. Our firm is here to help. Contact John A. DeGasperis, Esq. to schedule your initial consultation today.
