Losing someone because of another person’s negligence is different from almost any other legal case.
There is no way to undo what happened. A wrongful death claim cannot bring someone back or make a family’s grief disappear.
But it can help a family deal with the financial harm that follows a sudden death and, in some cases, hold the responsible party accountable.
For many families, the hardest part is knowing what happens next.
A Wrongful Death Case Is Not Just About the Accident
After a fatal accident, families often focus on what caused the death.
That is important, but a wrongful death case looks at more than the accident itself.
It may also examine:
- Who was responsible
- What the family lost
- What expenses resulted from the death
- Whether the person suffered before death
- How the death affected the surviving family members
The answers can be very different from one case to another.
The Financial Impact Can Be Difficult to See at First
The loss of a family member can create expenses almost immediately.
There may be:
- Funeral and burial costs
- Medical expenses from the final illness or injuries
- Loss of income
- Loss of financial support
- Other losses suffered by surviving family members
For a family that depended on the person’s income, the financial impact may continue for years.
New York wrongful death law has specific rules about the damages that may be recovered. The New York Courts’ current guidance lists a two-year period for wrongful death actions, but deadlines can vary based on the circumstances and the defendant. (New York Courts)
There May Be More Than One Legal Claim
A wrongful death case can sometimes involve issues that existed before the death.
For example, if a person survived an accident for a period of time before passing away, there may be questions about the person’s own injuries and losses before death in addition to the wrongful death claim.
These claims are not always the same.
That distinction can matter when determining what compensation may be available and who is entitled to pursue each claim.
What If the Death Was Caused by a Construction Accident?
Construction accidents can result in particularly complex wrongful death cases.
A single job site may involve:
- Property owners
- General contractors
- Subcontractors
- Equipment companies
- Other businesses
The employer may not be the only party whose actions need to be investigated.
That is why families should not assume they already know who was responsible.
What If the Accident Happened on Public Property?
Cases involving a city, state, or other public entity can involve additional rules and deadlines.
New York Courts note that claims against government entities can require a notice of claim within a much shorter period than an ordinary personal injury case. (New York Courts)
This is one reason families should not wait to ask about their rights.
You Don’t Have to Have All the Answers
After a death, families often feel pressure to make decisions before they understand what happened.
You do not need to know:
- Who caused the accident
- What insurance applies
- How much the case is worth
- Whether a lawsuit should be filed
before speaking with an attorney.
Those are questions an investigation can help answer.
Contact a Wrongful Death Attorney in New York
If you have lost a loved one because of another person’s negligence, Segan, Nemerov, Singer & Sonin P.C. can help your family understand its legal options and determine what steps should come next.
When you are facing an unimaginable loss, you should not have to figure out the legal process alone.