4 Wrongful Death Tips

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If you’re here, chances are someone you care about was killed in an accident of some sort in New York, and you wonder, “Is it okay to talk to the insurance company that insured the individual or entity that caused the accident?” What you want to do is seek competent council. You don’t want to talk to the insurance company without competent council. The insurance company will ask you questions that could get in the way of the prosecution of the claim down the road. My recommendation is that you seek competent council to answer any questions that you may have before getting on the phone with the insurance carrier.

Wrongful Death Statute of Limitations

One of the questions that I often hear is, “How long do I have to file a wrongful death claim?” You should file as soon as possible. You want to hire competent council to guide you through the process as early as possible because there are certain things that need to be done before you actually file a lawsuit for wrongful death. You need to have someone appointed as an executor to the estate, if there’s a will, or you want to have someone appointed as an administrator to the estate, if there’s no will, and that can be a lengthy process. As far as deadlines are, you have two years to pursue a wrongful death claim.

Who Can File a Wrongful Death Lawsuit?

The question I often get is, if someone is killed in an accident in New York, who can bring a wrongful claim? You need an attorney who is competent in this area to submit paperwork to the Surrogate’s Court to have someone appointed as either an executor to the estate, if there’s a will, or an administrator, if there’s no will. It’s that individual who will have the standing to bring the claim for wrongful death against the parties that caused the accident.

Wrongful Death Case Value

If you’re here, chances are a loved one was killed because of the negligence and carelessness of others. One of the questions you may have is, “What is my case worth?” There’s no simple answer to that; it’s complicated. Generally, there are two specific types of claims; you have the wrongful death claim and then you have the claim for conscious pain and suffering. In order to evaluate what they’re worth, you must look at different things. For conscious pain and suffering, you must look at how long the deceased was alive from the time of the accident up until their death. For wrongful death, you need to look at economic components. You need to look at who that individual supported. How much was that individual earning? It’s complicated. My suggestion is that you contact our office and I will be happy to answer any questions that you might have regarding this issue.

Contact the Law Offices of Brian J. Elbaum today for a free case evaluation.

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