There is nothing that brings them back. But you should not be carrying the financial weight of someone else's negligence alone. New York wrongful-death law compensates the family for pecuniary loss; a survival action (NY's survival-action statute) compensates the estate for the decedent's conscious pain and suffering before death.
Madison Law Firm PLLC · 579 5th Ave, 2nd Floor, New York, NY 10017
Police reports, medical records, autopsy report, witness statements, evidence preservation letter to the defendant within days of the incident.
We coordinate the EPTL claim (family pecuniary loss) and the survival claim (estate pain-and-suffering) and negotiate against the responsible party's insurer.
Wrongful-death cases require an estate to be opened in Surrogate's Court and a personal representative appointed before suit can be filed. We coordinate that with estate counsel and file in Supreme Court.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
NY wrongful-death claims must be filed within 2 years of the date of death. A survival action for the decedent's pre-death pain and suffering follows the underlying-tort filing deadline (typically 3 years for negligence; 2.5 years for medical malpractice). City of NY defendants: special notice rules.
NY recognizes two distinct claims after a wrongful death: the The wrongful-death action belongs to the family for THEIR pecuniary loss; the survival action belongs to the ESTATE for the decedent's conscious pre-death suffering. Both are usually pursued together.
Suit cannot be filed by a family member directly — only by the estate's personal representative (executor or administrator) appointed by Surrogate's Court. We work with estate counsel to get letters of appointment quickly so the filing deadline doesn't run.
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