Wrongful Death

Losing a loved one is extremely difficult. The death of a spouse, parent, or child in a car accident or another sudden event can leave a void that can never truly be filled. A family member’s death can also wreak financial havoc on those left behind, especially if the person who died was a primary breadwinner or left substantial medical bills that loved ones are unable to pay. At the Law Firm of Valerie J. Crown, we understand the pain and hardship that a loved one’s death can cause. If you believe that your loved one died because someone else acted carelessly, we can help you explore the possibility of filing a claim for wrongful death against the appropriate party. Rockland County wrongful death lawyer Valerie J. Crown is committed to representing people throughout Greater New York, and she is here for your family during this challenging time.

Filing a wrongful death lawsuit is not like filing a claim for life insurance benefits. It takes a lot more than proving that your loved one died in order to receive damages in a settlement or verdict. Proving negligence can be difficult, since it requires showing by a preponderance of the evidence that the defendant owed the decedent a duty of care, this duty was breached, the decedent died as a result, and the family members suffered certain losses that arose from the death. In most cases, this means that the defendant did something that a reasonable person would not have done, such as texting while driving or failing to properly read the results of a medical test.

All negligence claims are subject to a statute of limitations in the State of New York. For claims that result in injuries but are not fatal, the limitations period is generally three years from the date of the accident. In wrongful death cases, however, the period for filing a claim is shortened to just two years. In addition, it is necessary for the family to seek certain documentation from a separate court (one that handles the probating of estates rather than general civil litigation) in order to have someone appointed as the personal representative of the deceased person’s estate. Wrongful death attorney, Valerie J. Crown, can advise families, in Rockland County or the surrounding areas, on how to handle the necessary procedures.

The damages that may be awarded in a wrongful death lawsuit vary considerably from case to case. Some of the damages for which a personal representative may seek compensation include the decedent’s medical expenses necessitated by the accident that led to their death, the decedent’s funeral and burial costs, and compensation for the loss of the decedent’s support, services, care, and guidance, as well as compensation for the pain and suffering endured by the decedent between the time of the accident and their passing. Thus, the damages depend substantially upon the relationship between the family members and their deceased loved one. Unfortunately, family members are not entitled to damages for their own pain and suffering, mental anguish, or loss of companionship in New York, as they are in some states.

Wrongful death cases can arise from many different types of accidents and injuries, including motor vehicle collisions, acts of medical malpractice, and nursing home negligence. At the Law Firm of Valerie J. Crown, we represent families throughout Rockland, Westchester, Orange, Putnam, Ulster, Dutchess, Nassau, and Suffolk Counties as well as throughout New York City. We offer a free consultation to people who believe that their loved one’s death was caused by another person or entity’s negligence or wrongful conduct. Call us at 845.708.5900 or contact us online to get started on a discussion with Rockland County wrongful death attorney Valerie J. Crown about your case. Most cases are handled on a contingency fee basis; this means that no legal fee is required until and unless your case is successfully resolved.