Nobody should have to deal with wrongful death, especially alone. If a loved one’s death occurs due to a medical error, you and your family members may wish to consult with an experienced and compassionate Albany wrongful death lawyer.

Hiring a compassionate medical malpractice attorney cannot reverse what happened, but your legal counsel could be your steadfast advocate throughout the entire civil litigation process. With their assistance, you could learn about your rights and how you may be entitled to financial compensation.

What to Know About Wrongful Death Claims in Albany

If an individual could have filed an injury or medical malpractice claim had they survived an injurious incident, their family has the right to file a wrongful death claim on their behalf to pursue compensation for their damages. With the help of an Albany wrongful death attorney, a plaintiff may be able to receive money for their losses as well as the pain endured by their deceased loved one.

Wrongful Death Filing Time Limits

Under New York Estates, Powers & Trusts Law §5-4.1, plaintiffs in a wrongful death case have two years from the date of death to file a lawsuit, a deadline known as the statute of limitations. If a claim is not filed within this allotted time, the decedent’s surviving family may give up their legal right to seek compensation.

Parties Who Can File a Wrongful Death Lawsuit

Many states will allow a family member to file suit directly in the event of wrongful death, but New York is not one of them. Unless the family member is the personal representative of the deceased person’s estate, a family member cannot personally bring the case to court in Albany.

However, the wrongful death claim filed by the personal representative could claim damages on behalf of the deceased person’s heirs, beneficiaries, or devisees. If the case is decided in favor of the plaintiff, the personal representative would hold the compensation in trust for these family members.

Settlements for Fatal Malpractice

With the permission of the plaintiff, a wrongful death lawyer in Albany could attempt to settle the case before it ends up at trial. This can be an easier way to resolve a claim, as it minimizes time and money spent on a case that would otherwise be needed to pursue a civil trial. That being said, the success of settlement negotiations depends on many factors, including:

  • The strength of the evidence against the defendants
  • The age of the victim
  • The value of economic damages
  • If the deceased had minor children depending on them for support

Seek Representation from an Albany Wrongful Death Attorney

If you recently lost a loved one due to a medical error, now may be the time to reach out to a compassionate Albany wrongful death lawyer to learn about your legal rights. A qualified attorney could help you determine who should file suit, how much the case might be worth, and other factors that may impact your recovery.

There is much to coordinate and plan in a wrongful death lawsuit, and in the wake of the death of a loved one, a lawsuit may be the last thing on your mind. However, the sooner you act, the sooner you may be able to recover compensation and some measure of closure. Call today for a consultation.