Wrongful Death Claims
May 4, 2012 By Law Offices of Barton P. Levine
When you lose a loved one, the grief is immeasurable. If you lost a loved one and you believe that someone else was at fault, it can add anger to the flood of emotions you are likely already feeling. It can also require you to do a number of legal things at the same time following the death.
A wrongful death claim operates under the same general idea as a personal injury lawsuit. Basically, it holds a person or entity responsible for causing, or contributing, to the death of your loved one. There are, however, some important differences between a personal injury accident lawsuit and a wrongful death claim.
For starters, a wrongful death can only be filed by certain people or by the estate itself. If you are the executor or administrator of the estate, you may be entitled to file a claim both for the estate and as a result of your relationship to the decedent. The estate may be able to recover separately from your own personal claim.
Typically, the estate can file a claim for things like funeral costs or the amount of income the decedent would have earned had he or she lived. As a personal claimant, As you can see, if your loved one’s death was the result of the negligence of another person or entity, it can further complicate the legalities that often follow a death. There are time limits within which you you may be entitled to things such as support you would have received had the decedent lived as well as for non-economic damages, often referred to as “pain and suffering” that are intended to compensate you for the emotional impact of the death.
must file a wrongful death claim. In addition, if the estate itself has a claim then the wrongful death claim should be filed while the estate is still in probate. Benefits that the estate itself are entitled to then become part of the estate and part of the probate of the estate. Be sure to consult with your estate planning attorney regarding any specific questions you may have regarding wrongful death claims.
ABOUT THE AUTHOR: Barton P Levine
Experienced estate planning attorneys New York NY of the Law Offices of Barton P. Levine offers estate planning and business planning resources to residents of New York NY.
Copyright Law Offices of Barton P. Levine
More information about Law Offices of Barton P. Levine
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
For starters, a wrongful death can only be filed by certain people or by the estate itself. If you are the executor or administrator of the estate, you may be entitled to file a claim both for the estate and as a result of your relationship to the decedent. The estate may be able to recover separately from your own personal claim.
Typically, the estate can file a claim for things like funeral costs or the amount of income the decedent would have earned had he or she lived. As a personal claimant, As you can see, if your loved one’s death was the result of the negligence of another person or entity, it can further complicate the legalities that often follow a death. There are time limits within which you you may be entitled to things such as support you would have received had the decedent lived as well as for non-economic damages, often referred to as “pain and suffering” that are intended to compensate you for the emotional impact of the death.
must file a wrongful death claim. In addition, if the estate itself has a claim then the wrongful death claim should be filed while the estate is still in probate. Benefits that the estate itself are entitled to then become part of the estate and part of the probate of the estate. Be sure to consult with your estate planning attorney regarding any specific questions you may have regarding wrongful death claims.
ABOUT THE AUTHOR: Barton P Levine
Experienced estate planning attorneys New York NY of the Law Offices of Barton P. Levine offers estate planning and business planning resources to residents of New York NY.
Copyright Law Offices of Barton P. Levine
More information about Law Offices of Barton P. Levine
View all articles published by Law Offices of Barton P. Levine
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
