Mamaroneck Wrongful Death Attorney
Representing NY families after a wrongful death
When a loved one dies, the loss to the family is devastating. When that death is the result of the negligence of an individual, a corporation or a municipality, the already devastated family is faced with a complex set of laws and procedures if it seeks to hold those responsible by bringing a wrongful death lawsuit. For nearly 20 years, the Law Offices of Jonathan D. Sands has compassionately assisted families through these very difficult times. Our firm is ready to represent your family’s needs through the legal process, while you focus on healing. If you have lost a loved one and you believe it was caused by another’s negligence, consider contacting the Law Offices of Jonathan D. Sands for a consultation. We will discuss your case, explore your legal options and offer you quality legal advice that will help you make educated legal decisions. There is no cost or obligation.
How to file a wrongful death claim
Pursuant to The New York Estates, Powers and Trust Law (EPTL), the right to bring an action for wrongful death is given to the legal representative of the estate. If the decedent died without a will, the legal representative would be the estate’s administrator. If the decedent had a will at the time of death, the legal representative would be the executor named in the will. The statute of limitation for the filing of a wrongful death lawsuit is two years from the date of death.
What damages are recoverable?
The EPTL governs the right of the legal representative to recover damages for wrongful death and the type of damages that may be recovered. These damages include:
- Loss of support for the decedent’s family as a result of the decedent’s loss of earnings
- A claim for economic loss on behalf of a surviving spouse and the couple’s children
- Loss of services to the decedent’s spouse
- Loss of parental care and guidance to the decedent’s children
- Medical and healthcare expenses
- Funeral expenses
- The decedent’s conscious pain and suffering prior to death
- Lost inheritance for beneficiaries if the person lived a full life
- Nine percent interest on the award for damages calculated from the deceased’s date of death
Contact a Westchester County wrongful death lawyer
For nearly 20 years, the Law Offices of Jonathan D. Sands has represented its clients with compassion while striving to obtain full compensation for them. If you have lost a loved one as a result of another’s negligence or careless acts, please contact our office to discuss your case. There is no cost or obligation.