What is the process for filing a wrongful death lawsuit?

In order to file a wrongful death lawsuit in New York, a person must file a petition in the state’s Supreme Court. This petition must be filed within 2 years of the date of the decedent’s death. It also needs to include the decedent’s name, date of death, county where the death occurred, and the name of the executor of the estate. The petitioner will need to prove that the wrongful death was caused by another person’s negligence or intentional act. This means that the petitioner must have evidence that the other party was responsible for the death in order for the lawsuit to be successful. This can include witness testimony, medical expert opinions, police reports, and any other documents that can back up the claim of negligence or intention. The petitioner must also establish that the decedent’s survivors have suffered damages as a result of the death. There are two types of damages that can be pursued in a wrongful death lawsuit, pecuniary and non-pecuniary. Pecuniary damages refer to any financial losses that the survivors have suffered as a result of the death, such as lost wages and medical expenses. Non-pecuniary damages are damages that are not directly related to financial losses, such as grief, suffering, or loss of support. Once all the relevant information is compiled, the petitioner will need to submit the petition along with any other evidence to the Supreme Court. The court will then assess the case and determine whether or not to grant the wrongful death lawsuit.

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What is the process for filing a wrongful death lawsuit?

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