When tragedy strikes, families are often left searching for answers. If you’ve lost someone due to negligence, speaking with a Yonkers, NY wrongful death lawyer may help you understand your rights and options. At The Law Office of Jeffrey Weiskopf, you’ll find nearly 20 years of experience, more than $20 million recovered for clients, and careful guidance through a difficult process. Below are five of the most common wrongful death questions people ask our legal professionals, answered in plain language.
Who Can File A Wrongful Death Lawsuit In New York?
In New York, the personal representative of the deceased’s estate, usually appointed by the Surrogate’s Court, has the legal authority to file the claim. This representative acts on behalf of surviving family members, such as a spouse, children, or parents. The claim seeks compensation for damages like lost wages, funeral expenses, and the emotional loss of companionship. It’s best to have an attorney guide you through this complex process to avoid missing deadlines or important steps.
What Counts As A Wrongful Death Case?
A wrongful death case happens when someone dies due to another party’s negligence or intentional wrongdoing. This can include car accidents, medical malpractice, defective products, workplace incidents, or even criminal acts. Essentially, if the deceased could have filed a personal injury claim had they survived, their estate can pursue a wrongful death case. Each situation is unique, so discussing your case with a qualified attorney helps determine liability and the strength of your claim.
Where Do Wrongful Death Cases Get Filed?
Wrongful death lawsuits in New York are typically filed in civil court in the county where the incident occurred or where the defendant resides. The process begins when the estate’s representative submits a formal complaint outlining the cause of death and requested damages. After that, both sides exchange evidence and negotiate before possibly going to trial. An experienced wrongful death attorney can handle all filings, deadlines, and negotiations so you can focus on your family and healing.
Why Should You Hire A Wrongful Death Lawyer?
Because wrongful death claims are emotionally charged and legally complicated, hiring an attorney is vital. A lawyer helps calculate fair compensation, manage paperwork, and communicate with insurance companies. They also gather evidence, consult experts, and represent your family in court if needed. Without legal support, you risk undervaluing your claim or missing important filing deadlines. The Law Office of Jeffrey Weiskopf offers compassionate yet determined representation to help you achieve justice for your loved one’s loss.
When Should You File A Wrongful Death Claim?
It’s important to act quickly. In New York, the statute of limitations for wrongful death cases is generally two years from the date of death. However, in some cases, like those involving government entities, there may be shorter time limits. Waiting too long can prevent your case from being heard. A lawyer can review your situation and help file the claim on time. Acting early also helps preserve evidence and witness testimony, which strengthens your case.
Seek Guidance And Support Today
Losing a loved one is devastating, and no amount of money can replace them, but pursuing justice can bring closure and financial relief. The Law Office of Jeffrey Weiskopf is here to help you every step of the way. With decades of experience and proven results, our team will handle your case with care, compassion, and determination. Contact us today for a free consultation to discuss your next steps and learn how we can help your family move forward.
