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If and how to file a wrongful death claim

In New York and elsewhere, fatal car accidents happen daily. When they do, it is normal for family members of the victims to have some questions. For instance, they may wish to know if they can file wrongful death claims and how to do it.

A wrongful death lawsuit may be filed any time a person loses his or her life due to the negligence of another individual. The filing must be made by the individual named as the victim's personal representative. Establishing negligence is the hardest part of any wrongful death claim. Obviously, there will be at least two sides to the story, so having concrete evidence to support one's case will go a long way in helping one achieve a favorable outcome.

If one believes that he or she has a case, filing a wrongful death claim is fairly simple. It is a matter of submitting a complaint in court. This complaint must include the legal and factual ground for filing the claim. A summons must also be sent to the defendant or defendants.

Wrongful death claims following fatal car accidents must be filed within a specific time frame. This is known as a statute of limitations. Those who file too late may miss out on their opportunity to seek compensation through legal means. An experienced attorney can assist those who have lost loved ones due to negligent actions by reviewing the facts of their cases and, if appropriate, filing any applicable claims in a New York court. The claims can then be resolved through litigation or out-of-court negotiations.

Source: FindLaw, "How to File a Wrongful Death Lawsuit", Accessed on Dec. 11, 2017

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