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If someone’s negligent or wrongful conduct leads to the death of a loved one, the grief can be overpowering. You may feel paralyzed by the loss while at the same time struggling with funerary bills and other financial losses.  

One of the options that you have for recovering damages is to sue for wrongful death. These suits can help you hold the liable party responsible, but they’re not something you want to pursue without legal representation. At Silberstein, Awad & Miklos, our team of New York wrongful death lawyers can help you understand all of your options.  

What Is a Wrongful Death Claim? 

A wrongful death claim can be considered similar to a personal injury claim in which the victim is no longer able to advocate for themself. If your loved one suffered an injury because of someone else’s negligence or intentional conduct and they would have been able to pursue a personal injury claim, you can file a wrongful death claim.  

In New York, only the decedent’s personal representative can file a wrongful death claim. They do so on behalf of the beneficiaries, which include the decedent’s: 

• Children 
• Parents 
• Spouse 

Unlike personal injury claims, which have a statute of limitations of three years, New York only offers two years to file a wrongful death claim. It may seem like a long time, but it’s not. If you don’t file before the deadline, you won’t be able to recover damages.  

Compensation Available In a New York Wrongful Death Claim  

When you file a wrongful death claim, you can ask for economic losses. New York doesn’t allow you to sue for non-economic losses, like pain and suffering. It’s important to know what economic losses you could recover, however, since they tend to go beyond what you’d receive in a standard personal injury claim.  

You can recover the cost of the medical care your loved one received prior to dying, along with funerary expenses. You can also recover the income that your loved one would have made throughout their working life.  

It’s possible to recover the value of any services that your loved one offered. For example, if they provided childcare, you can be compensated for what childcare services will cost you now that the person is no longer there. It’s also possible to ask for loss of parental guidance. 

If your loved one lived for a time after sustaining the injuries that would later take their life, you could be compensated for the suffering that they experienced. You can’t, however, claim damages for your own pain and suffering.  

How a Wrongful Death Lawyer Can Help 

To file a wrongful death claim, you need an experienced lawyer. You will be dealing with grief and anger, and you may not want to focus on gathering evidence to show that the other party was negligent. A lawyer will be able to investigate the accident and put together the necessary evidence to show negligence took place.  

One of the toughest aspects of filing a wrongful death claim is negotiating with insurance companies. Insurers want to avoid paying you what you deserve, which means they may try to pin all of the blame for the accident on your loved one. You need people who will fight for your right to recover losses by presenting evidence.  

If the negotiations don’t go well, you risk not being able to receive the compensation you deserve. Having a lawyer by your side helps you take your claim to court. You should never attempt to represent yourself in these proceedings. You can be sure that the other party will have lawyers to fight for them.  

Dealing with the aftermath of a loved one is difficult. You need as much support as possible. Lawyers can offer this assistance and allow you to focus on mourning your loved one while they take care of the legalities.  

Contact Experienced New York Wrongful Death Attorneys 

After losing a loved one, you need to rely on experienced lawyers to file a wrongful death claim. At Silberstein, Awad & Miklos, our team of attorneys can help you understand your rights. We will investigate the accident that led to the death and work with expert witnesses to show that you deserve compensation.  

Get the help you need to cover the economic losses you’ve sustained because of a loved one’s wrongful death. Schedule a free consultation with one of our New York personal injury lawyers to learn more about what we offer.