Wrongful Death Claims in New York | What to Know

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Our firm recognizes the heartbreak a wrongful death accident can have on that individual’s family. If you are in this unfortunate situation, you will need to retain the services of a skilled Buffalo wrongful death lawyer. Our legal team is on your side.

What are the common causes of wrongful death in New York?

According to New York State law, there are a number of different actions that can cause wrongful death. Essentially, the negligence or misconduct of a person, company, or other entity must have caused the death. Some of the most common causes of wrongful death claims include the following:

  • Medical malpractice
  • Criminal activities/behaviors
  • Faulty/defective products or parts
  • Auto accidents
  • Construction accidents
  • Dog Bites
  • Premises liability
  • Semi-truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Slip and fall accidents
  • Negligent occupational hazard

Claimants must demonstrate that the respondent acted recklessly or negligently and their actions directly caused the death of their loved one. In order to successfully prove your claim for wrongful death, it is critical that you have an experienced attorney from Ramos & Ramos as soon as you are able. Our firm has over 60 years of personal injury law experience and has helped numerous New York residents who have lost a loved one as a result of negligence recover damages for the losses they sustained. Our legal team is prepared to help you as well. Give us a call today to get started. We are on your side.

Who can file a wrongful death claim in the state of New York?

Keep in mind that not every state has the same rules when it comes to filing wrongful death claims. In fact, the state of New York does not extend the right to file these lawsuits to family members impacted by the loss of their loved ones. Instead, the state places the responsibility for filing a claim on behalf of the personal representative of the estate.

This means that family members are only entitled to file wrongful death claims in New York State if they were created as the personal representative to the estate of the decedent. Family members who may be eligible to file this claim in New York include:

  • Surviving spouses
  • Surviving children
  • Surviving parents
  • Surviving grandparents

In some instances, the wrongful death claim can be filed by any dependent that shows they suffered financial hardship because of the decedent’s death.

Filing a wrongful death claim in New York State is very fact-specific and detail-oriented. Claimants must be able to demonstrate the respondent caused the decedent’s death and they must prove the number of damages incurred as a result. Our Buffalo, New York personal injury attorney can help you. Reach out to us today.

Contact Our Experienced New York Firm

If you require legal representation for matters of personal injury in New York, look no further than Ramos & Ramos. Whether you were injured in an auto accident, a slip and fall, or under any other circumstances, our firm is on your side. To learn more about our team and how we can assist you, contact us today.

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