Filing a wrongful death lawsuit in New York may be one of the most difficult decisions a family has to make. But when a loved one dies due to someone else’s carelessness, accountability matters.
This guide walks you through how to begin a case for wrongful death in New York and how the Law Firm of Steven Gacovino P.C. can support you at every step.
Step 1: Determine If You Have a Valid Claim
A wrongful death must result from a “wrongful act, neglect or default” as defined under EPTL §5-4.1. It must be shown that the deceased could have filed a personal injury claim had they survived. Common cases involve:
- Fatal car accidents
- Medical malpractice
- Defective products
- Nursing home neglect
Step 2: Identify the Personal Representative
New York law requires the executor or administrator of the deceased’s estate to bring the lawsuit. If the decedent had no will, the Surrogate’s Court may appoint one.
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Step 3: Preserve Evidence
Documentation is vital. Preserve police reports, medical records, witness statements, and any photographs or videos related to the incident.
Step 4: File Within the Statute of Limitations
New York imposes a two-year time limit from the date of death to file a wrongful death claim. There are exceptions in cases involving criminal charges or government entities, so don’t delay seeking legal counsel.
Step 5: Hire a Qualified Attorney
The legal complexities of wrongful death lawsuits require deep experience. The Law Firm of Steven Gacovino P.C. offers a track record of results for grieving families and works on a contingency fee basis.
Our wrongful death attorney Long Island team provides end-to-end support – from filing to negotiation to trial.
Why Choose Us?
We understand that you need answers, not just paperwork. Our compassionate attorneys will guide you through every step of the legal process while fighting fiercely for your family’s future.
If you’re researching how to begin a lawsuit and looking for a wrongful death attorney near me, we’re here for you.
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