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If a loved one dies in an accident that occurred because of another party’s wrongful or negligent conduct, one of your options may be filing a wrongful death lawsuit. These are similar to personal injury claims, but the main difference is that the victim is not able to advocate for themselves.  

Frequently Asked Questions About Wrongful Death Lawsuits in New York 

Who can file a wrongful death lawsuit in New York?
In New York, only the personal representative (executor or administrator) of the deceased person’s estate can file a wrongful death lawsuit. Family members cannot file directly unless they are appointed by the court. 

Who benefits from a wrongful death claim in New York?
Although the personal representative files the lawsuit, compensation is awarded to the deceased’s surviving family members, such as a spouse, children (including adopted children), parents, or other financial dependents. 

What is the statute of limitations for wrongful death claims in New York?
A wrongful death lawsuit in New York must be filed within two years of the date of death. Missing this deadline usually means losing the right to recover compensation. 

What damages are available in a New York wrongful death case?
Wrongful death claims in New York allow recovery of economic damages, including funeral and burial costs, medical bills, lost income, lost benefits, and the value of services the deceased provided. Non-economic damages like pain and suffering are not available. 

What if the personal representative does not file the claim?
If the personal representative fails to act, eligible family members may petition the court to appoint a new representative who can pursue the wrongful death lawsuit. 

How do you prove wrongful death in New York?
To prove wrongful death, you must show that the defendant owed a duty of care, breached that duty, and that the breach directly caused the death, resulting in measurable financial losses. 

Beginning a wrongful death claim is not simple. You will be dealing with grief, anger, and a variety of other emotions, so focusing on legal issues can take a backseat. Additionally, not everyone will be able to start this kind of lawsuit. Learn more about wrongful death claims and who can file them in New York.  

Wrongful Death Laws in New York 

In New York, only the personal representative of the deceased’s estate can begin a wrongful death claim. This is different from what many other states allow, which is typically that family members can file.  

The personal representative is usually clearly named in the decedent’s will, but if they died without leaving any estate planning documents, the court can appoint someone. Although family members cannot file the claim, they are typically the beneficiaries.  

Wrongful death lawsuits can be filed on behalf of the deceased’s: 

• Children, including adopted children  
• Spouse 
• Parents 
• Other dependents  

You will need to keep in mind any statutes of limitations that apply to these cases, too. In New York, the representative has two years to begin these lawsuits. If they don’t do so within that time, no one will be able to obtain compensation.   

But what happens if the personal representative does not promptly start the process? In that instance, family members who would be the beneficiaries of the claim can petition the court to have someone else appointed. 

Establishing That Negligence or Wrongful Conduct Occurred 

To be able to begin a wrongful death claim, it’s essential to demonstrate that the death was the result of misconduct. The first step to accomplishing this is to show that the other party owed your loved one a duty of care. For example, a medical professional has a duty to offer services that meet the accepted standard.  

You then have to prove that the defendant in some way breached their duty of care. If a doctor fails to correctly diagnose a condition that another professional in the same field would have successfully recognized, for example, that is a breach in their duty of care.  

The next step is showing that the defendant’s misconduct led directly to your loved one’s death. This typically requires testimonies from expert witnesses. Finally, you have to demonstrate that your loved one’s death resulted in quantifiable damages.  

Damages Available in New York Wrongful Death Claims 

When you file a wrongful death claim in New York, you can obtain economic damages. Funeral and burial expenses are covered, as are any medical bills your loved one incurred before dying.  

You can also receive the lost wages and benefits your loved one would have received throughout their lifetime. Lawyers will calculate the person’s earning potential to come up with a fair number.  

It’s also possible to receive compensation for the value of the services your loved one provided to family members. If they were caretakers of children or elderly relatives, for example, you will have to hire someone to do this work. These expenses can be covered.  

If the wrongful death impacted the deceased’s estate, decreasing its value, then those who would have inherited it could claim these losses, too.  

One significant difference you should be aware of when it comes to wrongful death claims in New York is that you cannot obtain non-economic damages. The state doesn’t allow family members to receive compensation for the pain and suffering they have experienced. The emotional toll of the death on the family is not addressed.   

Beginning a Claim After a Wrongful Death in New York 

After suffering through the loss of a loved one because of another party’s misconduct, you have the option to pursue a wrongful death claim. It’s not a simple process, especially while dealing with grief. To have a chance to recover the losses you and your family have sustained, it’s essential to hire attorneys with experience.  

At Silberstein & Miklos, P.C., we offer the compassionate and dependable legal guidance you deserve as you navigate these claims. We can investigate the death, gather evidence, and calculate the full damages that your family may be entitled to. 

If a loved one has died because of wrongful or negligent conduct, it’s time to Ask4Sam. Contact our team to get started.