A wrongful death is grounds for establishing a civil wrongful death case by the surviving family members or the estate associated with the victim. Understanding what legally qualifies as a wrongful death is important to know if you have a valid wrongful death claim.
Wrongful Death in New York
Every state will have its own legal precedent for what qualifies a death as a wrongful one. It is important to discuss the qualifications of wrongful death with a lawyer in your state. In New York, five factors are listed in New York Estates, Powers, and Trusts Code Part 4 that must be present for a wrongful death claim.
- A death must have occurred.
- The wrongful conduct of the defendant must cause the death.
- Grounds to pursue legal action the deceased could have pursued in court if death had not occurred.
- Survival of one or more persons who have suffered a loss as a result of the death.
- Legal damages the surviving family members or the estate can recover.
The final qualifying factor of wrongful death in the state of New York is a statute of limitation. The surviving member or members of the deceased are required to pursue a wrongful death case no later than two years from the victim’s passing.
Wrongful Death Representation in Fishkill, NY
During a tragedy that led to the loss of a loved one’s life, legal matters are likely the last thing on your mind. That’s why injury attorney Ira M. Maurer with the Maurer Law Firm takes the responsibility of fighting for your case.
Ira M. Maurer is a nationally recognized personal injury lawyer who has won over 100 million dollars for victims in his 40-year-long career. If you have lost a loved one due to a wrongful death, contact the Maurer Law Firm at 845-253-1256 for a free consultation today.
