The untimely loss of a loved one is never easy. However, when their death results from the negligent or reckless actions of another party, the grief can be insurmountable, knowing that the loss could have been prevented. While reversing this tragedy is impossible, taking the necessary steps to hold those responsible accountable for their actions can bring a sense of closure and justice. If your loved one has lost their life due to the negligent or intentional act of another party, it’s in your best interest to contact a compassionate New York City Wrongful Death Lawyer who can help you navigate your legal options during this difficult time. Please continue reading to learn which relatives are eligible to file a wrongful death claim in New York City.
Who is Eligible to File a NYC Wrongful Death Claim?
Each state in the U.S. has its own laws governing which relatives of a deceased person can file wrongful death claims in the civil court system. If you have lost a loved one due to someone else’s negligence, it’s crucial to determine who is eligible to pursue a wrongful death claim. A wrongful death claim must be initiated by someone who was financially dependent on the decedent. In accordance with the law, this means the following parties may file a wrongful death claim in New York City:
- The decedent’s surviving spouse
- The decedent’s surviving parents
- The decedent’s surviving children
- The personal representative for the estate of the decedent
What is the Statute of Limitations?
It’s important to note that eligible parties only have two years from the date of the death to file their claim in accordance with the state’s statute of limitations. While initiating a legal process in the midst of mourning your loved one may not be the first thought on your mind, waiting longer than this period to file your claim could result in the absolute bar of recovery. If you fail to file your claim within this time frame, you will be barred from purusing legal action for damages. Therefore, it’s vital to connect with an experienced New York City wrongful death lawyer who can ensure you file your claim within the legally prescribed time limit.
At the Law Offices of Brian J. Elbaum, we understand that no monetary reward can ever heal the emotional pain of losing someone you love due to another party’s negligence. However, purusing a wrongful death claim can bring justice and financially relieve your family. If you need legal guidance during this particularly difficult time, please don’t hesitate to contact our legal team today to discuss your rights and options.
