If someone in your family has died from injuries sustained in a preventable accident, you may have the right to hold all liable parties financially accountable. Although pursuing compensation for costs like funeral expenses and lost income will not bring your loved one back, securing a settlement may help protect your family’s financial security in the wake of the tragedy.

 

Since building a strong claim is a lot of work and navigating complicated legal proceedings can be challenging, it’s wise to turn to a seasoned personal injury lawyer for guidance. Attorney Scott Charnas has been handling personal injury and wrongful death cases for more than 25 years. Scott knows what’s at stake for your family, and he will fight relentlessly to get you fairly compensated as soon as possible.

 

Our law firm represents clients in New York City and throughout Massachusetts. Call 212-980-6800 to schedule a free case evaluation with a personal injury attorney.

 

Do I Have Grounds for a Wrongful Death Claim?

 

Every state imposes limitations on who may file a wrongful death claim following the loss of a loved one. Typically, only the personal representative of the deceased’s estate or immediate family members may bring a suit against the liable parties.

 

In New York, for example, eligible claimants include the deceased’s spouse, children, or parents. In Massachusetts, on the other hand, only the administrator or executor of the estate may file a wrongful death claim on behalf of surviving family members.

 

Damages Available in Wrongful Death Claims

 

In New York, a successful wrongful death case may compensate claimants for:

 

  • Funeral and burial expenses;
  • Medical bills related to the final illness or injury;
  • Lost wages and benefits;
  • Loss of support and services;
  • Loss of anticipated inheritances;
  • Loss of a parent’s care, nurturing, and guidance;
  • Pain and suffering endured by the deceased prior to passing; and
  • Punitive damages when applicable.

 

In Massachusetts, potentially recoverable damages include:

 

  • Funeral and burial expenses;
  • Loss of expected lifetime earnings;
  • Lost benefits;
  • Loss of consortium;
  • Pain and suffering;
  • Loss of comfort, counsel, and advice;
  • Loss of support and services;
  • Loss of protection; and
  • Punitive damages when applicable.

 

Although the personal representative is the one pursuing these damages in Massachusetts, any compensation that results will be awarded to the surviving spouse, children, or next of kin.

 

How Long Do I Have to File a Wrongful Death Lawsuit?

 

In New York, claimants typically have two years to bring a wrongful death case to court. If they want to sue a government entity, though, they must serve a Notice of Claim within 90 days of appointing the estate’s representative.

 

In Massachusetts, families usually have three years to file a formal wrongful death claim; however, they have just two years to present their claim in writing if they want to name a government entity in the suit.

 

Call 212-980-6800 to Speak with a Wrongful Death Lawyer in New York City or Massachusetts

 

If you need a wrongful death attorney in Massachusetts or New York City, turn to Charnas Law Firm. Scott Charnas has assisted hundreds of clients in personal injury and wrongful death cases. Call 212-980-6800 or fill out our Contact Form to schedule a free consultation.