Wrongful Death Questions and Answers

Wingate, Russotti, Shapiro & Halperin is a respected New York law firm that represents personal injury and wrongful death clients. The rights of hundreds of seriously injured clients and surviving loved ones have been fought for and protected by our attorneys, resulting in the recovery of millions of dollars in compensation for the loss of their loved one. Please call Wingate, Russotti & Shapiro if your loved one has died as the result of the negligence of another to discuss your NY wrongful death case with one of our skilled attorneys.

What is wrongful death?

What is the classification of the wrongful death case?

What are the basics of the wrongful death lawsuit?

When do I have to file the wrongful death lawsuit?

Who may file the wrongful death lawsuit?


Q: What is wrongful death?

Wrongful death is one that is the result of negligence, recklessness, intentional or wrongful act. In the event of a wrongful death, a civil action make be taken.

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Q: What is the classification of the wrongful death case?

A New York personal injury claim, in which the offender is held responsible for the loss of love and financial support that he or she has caused the family of the victim, is defined as a wrongful death case. In a wrongful death claim the surviving relatives of the deceased may seek reparation for reimbursement of love, support, advice and companionship that has been lost as a result of the death, as well as medical and funeral expenses, and other costs related to the fatality.

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Q: What are the basics of the wrongful death lawsuit?

A wrongful death claim may be filed if the person died as the result of the full or partial negligence or intentional behavior of the defendant. A surviving child, spouse, or a dependent is necessary who can make a claim to recover damages for the untimely loss of his or her loved one.

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Q: When do I have to file the New York wrongful death lawsuit?

In every state there is a "statute of limitation," which is a guideline for how long individuals have to file certain kinds of lawsuits. The timeline for filing a wrongful death claim typically begins following the death of the victim. The statute of limitation to file a wrongful death claim in New York is 2 years from the date of the fatality. There are often different provisions on these statutes of limitations which make specific exceptions that may alter the amount of time allowed to file a claim. The claim may be denied if not filed within this time frame, so it is imperative to file your claim as soon as possible.

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Q: Who may file the wrongful death lawsuit in NY?

Often, immediate family members may file a wrongful death claim following the death of their loved one. Members of the immediate family including children, spouses, and parents may have a right to bring a wrongful death lawsuit, depending upon who survives the deceased family member. Children under the age of 18 may call for a "guardian ad item" in court to protect his or her interests.

If your loved one has been the victim of a wrongful death in New York, please contact the attorneys at Wingate, Russotti, Shapiro & Halperin, LLP at (212) 986-7353 to discuss your case immediately.

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