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Wrongful death generally refers to the death of somebody as a result of the negligence of another party such as the driver of a motor vehicle, a doctor or hospital in a medical malpractice situation or by someone at a construction site. The process of filing a lawsuit requires meeting the statute of limitations and having the legal capacity to bring the claim. Our New York legal expert provides the details.
→ Read MoreThe statute of limitations for filing a wrongful death lawsuit in New York differs between a statutory wrongful death action and a common law conscious pain and suffering action. It’s possible for one of the statutes of limitation to have run, but not the other, according to Ira Slavit, a New York Attorney whose practice represents the families of wrongful death victims. He explains how the statute of limitations works in New York and the controversy over the state’s lack of a discovery rule.
→ Read MoreNew York law allows for a statutory cause of action for wrongful death and a common law cause of action for conscious pain and suffering. However, another aspect of possible recovery unknown to many New Yorkers may be for the decedent’s fear of impending death. Our legal expert explains how it works.
→ Read MoreWhat types of damages are available in a wrongful death lawsuit and does New York place any limitations on those? To answer these questions, we spoke with Ira Slavit, a New York wrongful death lawyer. Here’s what he told us in a recent interview.
→ Read MoreAlthough awards for punitive damages in a New York wrongful death lawsuit are rare and depend upon how the accident happened or in what context the medical malpractice was committed, there is a section of New York law that may allow for them. Click here to find out when punitive damages are allowed.
→ Read MoreFind the right lawyer for your legal issue.
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