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Mount Pleasant Wrongful Death Lawyer

Following the loss of a loved one due to someone else’s negligence, you may feel understandably overwhelmed and confused. In the aftermath of a painful loss, it can be challenging to determine the best path forward. Surviving family members often have to contend with settling their loved one’s affairs as they care for their families. If you have lost a family member due to someone else’s negligent behavior, an experienced Mount Pleasant wrongful death attorney can help you pursue justice. 

At Lever & Ecker, PLLC, we understand the stress and pain that losing a loved one can cause. Our talented and compassionate wrongful death lawyers in Mount Pleasant can help you navigate New York’s complex legal process as we fight for justice on your behalf. We are committed to helping you recover the maximum compensation available for the losses you have suffered. Our knowledgeable Mount Pleasant wrongful death attorneys pride themselves on taking a personalized approach to every case to help meet each of our client’s unique needs. 

Types of Accidents That Can Lead to a Wrongful Death in Mount Pleasant

The trusted lawyers at Lever & Ecker, PLLC, have a proven track record of successfully handling many different types of wrongful death accidents, including the following:

  • Motor vehicle accidents, including truck accidents & rideshare accidents
  • Workplace accidents, including construction accidents
  • Pedestrian accidents, bicycle accidents and scooter accidents
  • Medical malpractice
  • Defective products
  • Premises accidents, including slip-and-fall accidents

When you partner with one of our experienced wrongful death attorneys in Mount Pleasant, you can trust us to conduct a thorough investigation into the cause of your loved one’s accident and subsequent death. After taking your case, we will work to build a rock-solid case supported by evidence to help you achieve the justice you and your loved one deserve. 

Possible Damages Available Through a Mount Pleasant Wrongful Death Lawsuit

A wrongful, sudden death can cause significant emotional and financial stress on the victim’s surviving family members. After their loved one’s passing, families are often forced to contend with final expenses and other financial burdens as they deal with significant emotional distress. If another person’s actions caused your loved one’s untimely death, you deserve to be compensated for the full extent of your pain, suffering, and other losses. For families who have been put in this position, the below are economic damages that could potentially be awarded in a Mount Pleasant, New York wrongful death lawsuit: 

  • Conscious pain and suffering
  • Pre-impact terror and fear of impending death
  • Funeral, cremation, and burial costs
  • Medical expenses prior to death
  • Lost wages, including future lost wages
  • Loss of parental guidance
  • Loss of services the victim provided, for example, child care services
  • Lost inheritance

Unfortunately, New York’s wrongful death statute is quite strict and limits damages in wrongful death claims to the financial losses demonstrated by the deceased person’s survivors. It does not allow recovery for emotional damages. However, there are many elements that must be considered when handling a wrongful death case. The following are a few examples of factors that can impact a wrongful death case in Mount Pleasant, New York:

  • The age of the family member who died (called the decedent), at the time of death
  • The decedent’s income and earning capacity
  • Dependents’ ages and financial reliance on the decedent
  • Funeral costs
  • Medical expenses
  • The decedent’s state of health prior to the subject accident
  • Conscious pain and suffering, if any, the decedent experienced prior to death
  • The decedent’s pre-impact terror and fear of impending death, if applicable

At Lever & Ecker, PLLC, we will investigate the case to fully understand its impact on your life. When you retain our services, you can trust us to consider your current and future needs as we seek compensation on your behalf. 

What is the Statute of Limitations for Filing a Wrongful Death Lawsuit in Mount Pleasant?

There are two separate causes of action that can be brought in New York to recover for a person’s death, wrongful death and survivorship. A survivorship action is brought by the estate of the deceased person to obtain damages for pre-death pain and suffering, such as conscious pain and suffering and pre-impact terror. Survivorship claims must be brought within three years from the date of the accident or the date of death, whichever is longer. A wrongful death action is brought by the deceased person’s survivors who have suffered economic losses due to the person’s passing, and with some exceptions, must be brought within two years of the person’s date of death. 

 While this may seem like ample time to pursue justice, it is in your best interest to contact a wrongful death attorney as soon as possible to start your case. Vital evidence may be lost or destroyed over time, and eyewitnesses may forget what they saw during your loved one’s accident. Your lawyer will review the details of your case and explain how the statute of limitations applies to you and on your legal options.

In addition to filing your lawsuit accurately and on time, the skilled attorneys at Lever & Ecker, PLLC, can help in many other ways, including the following:

  • Answering all of your legal questions
  • Serving as a tireless advocate for your rights and interests
  • Collecting essential evidence and witness testimonies to establish liability
  • Conducting a thorough investigation into the case
  • Guiding you through every step of the legal process
  • Negotiating with all parties on your behalf
  • Proceeding to trial if the other side does not engage in good-faith settlement efforts

Our Mount Pleasant wrongful death lawyers are committed to ensuring you understand your rights and options so you can confidently take your next steps. 

Who Can File a Wrongful Death Claim in Mount Pleasant?

When a loved one dies, there are many that feel their loss. Individuals who are extended family, or friends of the deceased person, may incur losses and want to seek compensation. However, under New York law, only a few people can file a wrongful death claim, including the deceased person’s:

  • Spouse
  • Children
  • Parents
  • Personal representative of the estate

Damages in a wrongful death claim may be awarded to the immediate family members, which includes the surviving spouse, and children or the deceased person’s parents if there is no spouse, children, or grandchildren. Generally, the law gives the surviving spouse and children priority in most circumstances.

Conversely, in a survivorship action, only the deceased person’s estate is permitted to bring a claim. Unlike a wrongful death claim, which awards damages under the wrongful death statute, survivorship claims are awarded under the deceased person’s will, or by the state’s intestacy laws in situations where the person has died without a will. 

Discuss Your Case with a Top-Notch Mount Pleasant Wrongful Death Lawyer

At Lever & Ecker, PLLC, our attorneys are dedicated to providing our clients with award-winning legal services. We understand the pain of losing a loved one to negligence and will fight tirelessly for justice on your behalf. Our seasoned lawyers have over 65 years of combined experience helping clients like you recover the maximum amount of compensation available for their losses. To get started and schedule a free consultation, give us a call at (914) 288-9191 or complete our online contact form today. 

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