Last Updated on August 7, 2022 by Umer Mukhtar
If you have lost a loved one because of someone’s carelessness, reckless action, or negligence, you need to consider filing a wrongful death lawsuit. It’s understandable that the entire family is having a hard time dealing with the loss. However, you have to consult an attorney – as soon as possible. There are several possible reasons for wrongful death, such as medical negligence, car accident, slip & trip fall, product defect, and construction accident. You can click here now to find more about these reasons, but the basic step is to consult a law firm, to understand if you have a valid wrongful death lawsuit in the first place.
Knowing statute of limitations
Like in most states, New York also has a statute of limitations, which allows two years to file a wrongful death lawsuit against the party at fault. The count starts from the date of death of the person. The compensation amount is due to the spouse, minor children, and dependent family members, depending on the circumstances of the case. Two years may seem like a lot of time, but remember that most of the crucial evidence can be collected right after death.
Questions for your lawyer
Not all personal injury lawyers are keen on taking up wrongful death lawsuits, considering the extent of complications in such cases. However, if you are meeting an attorney for the first time, it is best to ask a few questions. Here’s a quick list –
- What percentage of their practice is dedicated to wrongful death lawsuits?
- Have they handled cases that are similar to yours?
- Does the lawyer have time to devote to your case?
- Will the lawyer work directly on the case? (For many law firms, associates do considerable amount of work)
- Will you share a few references?
- How do you plan to gather evidence?
- Would you consult other professionals and experts for the case?
- What do you think can go against us in this lawsuit?
- How much should we realistically expect in compensation?
Keep in mind that most law firms in New York work on a contingency basis for wrongful death lawsuits. This means that the lawyer gets paid, only if they win a settlement, and the amount is usually a percentage of the compensation amount. Make sure that the lawyer you choose has at least a few successes with wrongful death lawsuits to share, and as needed, you can also check for reviews online.
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