Wrongful Death

A person who is killed by the negligence of another is entitled to damages for wrongful death. However, there are numerous legal hurdles to bringing such a claim and litigating it successfully. The experienced attorneys and legal staff at Talisman, DeLorenz & Abruzzino, P.C. can guide you in navigating these obstacles. In order to bring a claim for wrongful death, the deceased client must have an agent appointed to bring the action in her or his behalf. If the decedent had a Will, that process is streamlined because the Executor may act as the agent. If the person died without a Will (referred to as dying “intestate”), that process of having an “Administrator” appointed to act on behalf of the decedent is more difficult. It may involve tracking down relatives with whom the decedent has lost contact. There are also important time frames and Statutes of Limitations to be aware of in such claims, depending on the liable party. The Statute of Limitations in New York State is generally two (2) years from the date of death. Despite the two-year rule, there are some exceptions that could permit the claimant to file a wrongful death lawsuit even after the two years have passed, although it is important to note that these are rare:

• Medical malpractice case: In a medical malpractice wrongful death case, the statute of limitations is extended to 2 years and 6 months, instead of 2 years.

• The sole beneficiary is a minor: If the only person that stands to benefit from a wrongful death claim is a child or minor under 18, New York allows the claim to be “tolled,” or delayed, either until the minor turns 18 or until a legal guardian is appointed that can bring the claim for the minor. However, if there was already a parent or guardian appointed for the minor at the decedent’s time of death, the statute of limitations would remain at two years.

• The potential defendant already has a criminal case pending: If the person you want to bring the lawsuit against already has a criminal lawsuit against him, then the claimant has one year, starting from the end of the criminal case, to bring the wrongful death action.

At Talisman, DeLorenz & Abruzzino, P.C., we understand the immense pain and loss that accompanies wrongful death cases. Our dedicated team is here to guide you through this challenging time with compassion, expertise, and unwavering support. With years of proficiency and a deep understanding of New York State statutes regarding wrongful death, we are equipped to handle even the most complex cases. We approach every case with empathy and sensitivity, recognizing the emotional toll it takes on families. Your well-being is our top priority. Our track record speaks for itself. We have secured significant settlements and verdicts for our clients, providing them with the financial compensation they deserve. As a New York City-based firm, we have a deep understanding of the local legal landscape, judges, and juries, giving us a strategic advantage in your case.

If someone you love has died due to the negligence of another, it is vital to have an experienced personal injury law firm on your side from the very beginning. At Talisman, DeLorenz & Abruzzino, P.C., we have over 50 years of extensive experience representing the families of those affected by wrongful death. As Members of the Multi-Million Dollar Advocates Forum and the National Top 100 Trial Lawyers, we are committed to fighting for your rights and ensuring your future is protected.

Call us today at 718-302-6802 for a free consultation and review of your case, or fill out our confidential online contact form. Let us fight for justice on your behalf and ensure that the memory of your loved one is honored with the legal recourse they deserve.