How Do Wrongful Death Claims Work In New York?

Losing a loved one can be one of the most challenging experiences anyone can go through. This is especially true if the tragedy could have been prevented from happening. If you and your family are in this situation, know that you can seek justice for your loved one and get compensated for your losses.

What Exactly Is A Wrongful Death Lawsuit?

You can file a wrongful death claim when your family member dies due to someone else’s actions. This cause can be anything from a drunk driver causing a fatal accident to a medical professional being negligent in treating their patient.

Most wrongful death suits are civil cases, and the deceased person’s surviving family has the right to recover damages and other financial losses caused by the incident. However, each state has a specific set of laws that define wrongful death. Check your jurisdiction’s regulations to see if this suit applies to your situation.

New York’s Wrongful Death Statute Explained

New York’s wrongful death statute defines these claims as a “wrongful act, neglect or default which caused the decedent’s death” or caused severe injuries that led to the person’s eventual passing.

Unlike other cases, the state’s law also limits who can file a wrongful death claim to personal representatives (executors) or family members who are legally part of that person’s estate. Regardless of who files the lawsuit, the representative must prove that their family member’s death led to economic damages.

What Types Of Compensation Are You Eligible For?

Similar to other cases, a wrongful death claim is there to help victims receive financial compensation for their losses. Some economic losses you can recover are:

  • Funeral and burial costs
  • Loss of financial support
  • Medical expenses before the person passed away
  • Lost inheritance funds
  • Loss of household help (cleaning, cooking, general maintenance, etc.)

Unlike other states, New York law doesn’t allow personal pain and suffering as a reason for compensation. Instead, the plaintiff can use conscious pain and suffering the deceased suffered while still alive to support their claim.

How Long Do You Have To File A Wrongful Death Claim?

You must begin the legal process and file your wrongful death claim within your state’s statute of limitations. In New York, you need to start it within two years after your loved one passes away. However, there are a few exceptions if the case involves a minor or the person’s death was due to medical malpractice.

Our Lawyers Will Help You File Your Wrongful Death Claim

It can be heartbreaking knowing your loved one’s death and suffering could have been prevented. While compensation sadly won’t bring your family member, filing a wrongful death claim will help your family recover your financial losses and get legal reparations for any damages the defendant caused you and your family to suffer.

Our personal injury attorneys will help you take the necessary steps to help you file your wrongful death claim. Please call us at  (866) 574-0809 or contact us using our online form if you have any questions or to schedule your free case review today.