A wrongful death lawsuit is a legal claim brought on behalf of someone who passed away due to another party’s negligence or wrongdoing. In New York, these cases must be filed by the personal representative of the deceased’s estate.
This does not include individual family members, unless they have been appointed to that role. If you’re unsure whether a wrongful death lawsuit is something you can pursue, consider speaking with a Long Island wrongful death lawyer as soon as possible.
Losing someone you love suddenly is overwhelming, but an experienced attorney can guide you through the legal process with clarity and compassion.
Defining Wrongful Death
A wrongful death occurs when one person dies due to the negligence or misconduct of someone else. In legal terms, the death must be directly linked to another party’s actions. Here are some examples of these circumstances:
- Motor vehicle collisions caused by negligent or reckless driving
- Workplace accidents from unsafe conditions
- Medical malpractice leading to fatal complications
- Defective products or unsafe premises
The law recognizes the financial impact caused by the death and provides a path for the estate to pursue economic losses through a wrongful death claim.
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Who Has the Right to File a Wrongful Death Claim?
New York law makes it clear that only the personal representative of the deceased’s estate can file a wrongful death lawsuit. Family members cannot file the claim themselves unless they have been officially appointed as the representative.
Domestic partners generally do not qualify as beneficiaries under New York’s wrongful death statute either, which limits who can receive compensation from the case. Beneficiaries are determined by the law’s specific hierarchy, typically including:
- A surviving spouse
- Any children
- Surviving parents
New York also restricts the types of damages available in a wrongful death action. Let’s take a more in-depth look at what this means.
Economic Losses Covered by Wrongful Death Claims
Wrongful death lawsuits in New York focus exclusively on economic losses. This is the measurable financial impact created by the person’s death.
These cases do not allow families to recover non-economic losses, so calculating the financial harm is central to the claim.
Here are the primary economic losses that wrongful death lawsuits typically include:
- Lost income and benefits: This includes the future wages, pension contributions, and employment benefits that the deceased would have provided over their expected lifetime.
- Medical expenses: Any medical costs related to the injury that eventually caused the person’s death might be eligible for recovery.
- Funeral and burial costs: Reasonable expenses for funeral services, burial, or cremation can be reimbursed.
- Loss of support and services: This refers to the financial support, household contributions, childcare, or other services the deceased provided to their dependents.
Proving these damages usually requires your attorney to provide documentation—such as wage records, tax filings, employment benefits statements, and professional projections—pertaining to the deceased’s future earning potential.
Survival Actions and Damages for Pain and Suffering
New York state laws do not allow surviving family members to recover emotional or non-economic damages in a wrongful death lawsuit.
This means losses such as grief, mental anguish, and loss of companionship are not compensable under the wrongful death statute—even though they are deeply felt.
However, there is a separate legal claim known as a survival action, which focuses on the injuries the deceased suffered before passing away. Through a survival action, the estate may recover:
- Conscious pain and suffering experienced by the deceased prior to passing away
- Medical expenses related to the treatment of those injuries
- Other damages the deceased could have claimed had they survived
These damages do not compensate family members directly for their emotional loss. Instead, they become part of the deceased’s estate. In turn, they are distributed according to either estate law or the person’s will.
To establish conscious pain and suffering, attorneys often rely on medical records, witness accounts, professional testimonies, and other evidence. The intention is to demonstrate that the deceased person experienced awareness, physical pain, or mental distress before dying.
Time Limits for Filing Wrongful Death Claims
New York enforces strict deadlines for wrongful death claims. In many cases, lawsuits must be filed within two years of the date of death.
Certain exceptions may apply for minors or special circumstances, but no matter which deadline applies to your case, do not miss it. Otherwise, your claim might be dismissed, meaning you won’t be able to take legal action, no matter the strength of your claim.
Proving Negligence in Cases Where Someone Died
Wrongful death claims rely on establishing that another party’s actions caused the death. These are the four factors that must be confirmed when determining who’s at fault:
- Duty of care: Did the responsible party have an obligation to act safely?
- Breach of duty: Was that duty violated through action or inaction?
- Causation: Did the breach directly lead to the fatal injury?
- Damages: What financial or emotional losses resulted from the death?
Give Chaikin Trial Group Injury Lawyers a Call for Help Understanding a Wrongful Death Lawsuit
Not everyone knows that you can file a lawsuit after losing a loved one due to wrongful death. It can be a lot to process, but if you’re curious about whether this might be an option for you, don’t hesitate to give Chaikin Trial Group Personal Injury Lawyers a call.
Our attorneys have collectively spent 50 years recovering $100 million in compensation. We can look into your rights as they pertain to your loved one’s death, and we’ll inform you of the different choices you can make in pursuit of justice.
We care about every case we take on, and we make it a point to treat all of our clients as though they are part of our own family. The sooner you call, the sooner we can help. Come in as a client, leave as a friend. Contact us today.
