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What Information Do You Need to File a Wrongful Death Claim?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Nov 27, 2020

Read Time: 4 mins

Wrongful death is a form of negligence and personal injury claim that a family can file. A negligent party will be liable for these damages if the claim includes information that shows they breached a duty that was owed to the deceased accident victim. Further, that this breach was the direct and proximate cause of the death, and that the family members suffered damages as a result of it

Since 1975, the New York and New Jersey wrongful death lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. have represented aggrieved family members in wrongful death lawsuits. We understand the emotional upheaval and challenges that are the inevitable result of a family member’s accidental death. We fight tirelessly to recover compensation for their loss when another party’s negligence causes a fatality.

What information is needed to prove that someone has the right to file a wrongful death claim?

Wrongful death lawsuits can be filed by a deceased party’s immediate family members. This includes:

an accident victim’s surviving spouse
the victim’s adult child
if the victim was a minor child, their parents, or legal guardians
other family members, such as a sibling, grandparent, or uncle or aunt if the victim had no immediate family members
under certain circumstances, domestic partners and other persons who can establish financial dependence or reliance on the accident victim
if the victim had a will, the executor or personal representative

In every case, the wrongful death claim should include information about the relationship between the party making the claim and the accident victim.

What information about damages should be included in a wrongful death claim?

These damages are intended to compensate a family for the financial burdens it faces following a fatality. This includes funeral costs and other associated expenses that the family might incur. The greater part of wrongful death damages will include compensation to replace the salary or wages that the accident victim would have earned– and the value of any parental or family guidance that they might have otherwise provided.

A wrongful death lawyer’s skill and experience in establishing these damages is often a significant factor in recovering the largest available award. We will make sure that this claim includes information such as the victim’s age, their general health and life expectancy, the nature of the interactions that they had with family members, and any expenses that a family might incur in procuring replacements for those services.

Does a wrongful death claim include information about the cause of a victim’s death?

An aggrieved family member who files a wrongful death lawsuit must show that the negligent party’s conduct was the cause of the accident victim’s death. This can be a relatively straightforward matter, for example, when the victim dies in a car crash or some other serious accident. In other matters, including medical malpractice cases, a defendant might argue that the victim’s death resulted from underlying health issues.

Wrongful death lawyers will generally rely on autopsy reports or coroners’ inquests to establish the cause of death. If no autopsy was conducted, the claim would then include other objective information that connects the negligent party’s conduct with the fatality.

How long do I have to file?

Both New York and New Jersey require family members to file wrongful death lawsuits within two years. This claim should include both the date of the accident and the date of the fatality to verify the timely filing of a claim.

This will be a more critical issue when a more extended period elapses between the accident and the victim’s death. A negligent party will use that period to argue that the accident was not the direct and proximate cause of death. Under these circumstances, your attorney will likely include more information in the claim to relate the death to the accident.

Contact us for a free consultation

The personal injury lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represent the families of accident and injury victims in Rockland and Bergen counties in wrongful death claims. Please see our website or call our New York or New Jersey offices for more information about what you will need to know to file a wrongful death claim.

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   LWelsh 
 16 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 139 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 159 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 162 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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What Information Do You Need to File a Wrongful Death Claim?

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Rockland County, New York

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