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When a family unfairly loses a loved one, they feel the repercussions not only emotionally, but financially as well. This is why most families seek financial compensation to help ease some of the financial burdens brought about by their wrongful death. It is the unfortunate reality that the emotional stress we feel after the loved one is very often augmented by the financial troubles we face if he or she was taken too soon. However, accusing someone of being responsible for your loved one’s death carries serious implications, so the negligent party will most likely hire an expert legal counsel who will provide an aggressive defense to your accusations. This is why you must do the same and read on to learn more about your legal options going forward.

What is wrongful death?

Essentially, wrongful death is when someone’s life is cut short due to another party’s negligence. Most often, wrongful death occurs in automobile accidents or construction accidents. Wrongful death can also often stem from negligent premises owners, incidents of medical malpractice, or product malfunctions as well.

How do I recover compensation following a loved one’s wrongful death?

Wrongful deaths are one of the hardest things a family can cope with, which is why nobody should ever have to do so alone. By proving another party’s negligence, you may receive financial compensation that can help cover funeral costs, healthcare expenses, wage and other benefits lost upon death, medical bills, lost inheritance, and 9% interest on the recovery awarded, starting at the date of death. However, for a situation to legally qualify as wrongful death in New York State, it must satisfy the following requirements:

  • There was a death
  • The death was caused by the negligence of another person
  • If the person had lived, the action against them would be illegal
  • The deceased left behind a family of one or more people who has suffered a financial loss as a result of the death
  • The grieving party could be entitled to compensation

To prove your claim, your attorney will work to recover security camera footage of the death, witness statements, police reports, pictures of the safety hazard that killed your loved one, medical documents, and more.

What is the statute of limitations in New York?

The statute of limitations for filing a wrongful death lawsuit is three years. This means you have three years from the date of your accident to file your claim, otherwise, you may be denied your right to financial compensation.

Contact our experienced New York City firm

If you have been injured in a New York City accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive significant compensation to ease some of your burdens. To schedule a consultation with an experienced personal injury attorney in New York City, contact Swerling Law today.


To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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