Binghamton Wrongful Death Lawyer

The death of a loved one is always devastating, but when that death is the result of the negligent or wrongful actions of a third party, it can be especially difficult to process. In these wrongful death cases, certain parties can file a claim to recover damages that resulted from the defendant’s actions. Do not go through this process alone. Get help from a Binghamton wrongful death lawyer at Coughlin & Gerhart, LLP.

Experienced Binghamton Wrongful Death Attorney

What types of accidents support wrongful death claims?

Any type of accident caused by another party’s negligence can bring a wrongful death claim. Some of the most common include:

• Car accidents
• Pedestrian and bicycle accidents
• Truck accidents
• Slip and falls
• Construction accidents
• Assaults

Who can file a wrongful death claim in New York?

In New York, only a personal representative (who must be appointed by the Surrogate’s Court) can file a claim. The claim benefits the following parties in order:

• Spouse of the decedent: Per New York State’s intestacy laws, the spouse receives everything if there are no children.
• Spouse and children: If the decedent had both a spouse and children, the spouse receives $50,000 and half of the estate. The children divide the remainder among themselves.
• Children of the decedent: If the decedent had children and no spouse, the children divide everything evenly among themselves.
• Parents of the decedent: If the decedent had no spouse or children, the parents divide the settlement among themselves.

Siblings of the decedent can benefit if the decedent has no living spouse, children, or parents.

What are the elements of a valid wrongful death claim?

In order to bring a wrongful death action in New York, the decedent’s personal representative must prove:

• The defendant acted negligently and caused the victim’s death
• The deceased has surviving beneficiaries or dependents
• Those survivors have suffered compensable damages as a result of the death

What damages are recoverable in a New York wrongful death suit?

No amount of money can compensate for the actual loss of a parent, spouse, child, or partner, but it can help take the financial burden off a grieving family.

A wrongful death claim may seek compensation for:

• Loss of earnings over the lifetime of the decedent
• Funeral and burial expenses
• Reasonable expenses for health care or nursing facilities prior to the decedent’s death (between the injury and death)
• Loss of companionship
• Loss of guidance and support

Proving the value of these losses can be complex and might involve the use of expert witness testimony for current and future earnings potential, costs for counseling and grief services, and experts who can establish a value for the loss of a parent or spouse’s presence in a survivor’s life.

Trusted Binghamton Wrongful Death Lawyer

If your loved one died due to another party’s negligent or intentional actions, you have a limited window of time to initiate a wrongful death suit; the statute of limitations to file a wrongful death suit in New York is two years from the victim’s death. A Binghamton wrongful death attorney at Coughlin & Gerhart can advocate for your family to ensure that your rights are protected during this trying time.