In New York, a personal representative of the estate of a deceased person (decedent) is eligible to file a wrongful death lawsuit. This representative may be a spouse, child, sibling, parent, grandparent, or grandchild of a decedent. They serve as an executor of a decedent’s estate.
Talk with a Long Island wrongful death lawyer to evaluate your legal options in the aftermath of your family member’s death. Your attorney empathizes with you during this challenging time. If someone else is liable for your tragic loss, your lawyer can help you seek justice and compensatory damages from them through a wrongful death lawsuit.
What Family Members May Be Eligible to File a Wrongful Death Lawsuit in NY?
A family member who has been appointed a personal representative of a decedent’s estate can sue for compensatory damages in New York. Some of the family members who may be eligible to proceed with a wrongful death lawsuit include:
Surviving Spouse
You can submit a wrongful death lawsuit if you are the surviving spouse of a decedent and have been named the executor of their estate via a will or a judge. With this lawsuit, you could recover damages for medical bills, lost wages, pain and suffering, and other losses relating to your spouse’s death.
Child of the Deceased
If you are over 18 and have been named an executor of a late family member’s estate, you could have grounds for filing a wrongful death lawsuit. However, if a minor child is the only surviving relative of the deceased, the statute of limitations for them to file a wrongful death lawsuit may be tolled until they become an adult.
Sibling, Parent, Grandparent, or Grandchild of the Deceased
A family member passed away, but they didn’t name a personal representative of their estate. In this situation, a sibling, parent, grandparent, or grandchild of the deceased may file a wrongful death lawsuit as long as they are named a personal representative in accordance with New York law.
Speak with a lawyer who has relevant wrongful death case experience if you want more information about your eligibility to sue anyone liable for your family member’s death for damages. Your attorney can explain what a wrongful death lawsuit entails and, if warranted, represent you in your legal proceedings.
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When to File a New York Wrongful Death Lawsuit in the State of New York
Per New York Estates, Powers, and Trusts Law (EPTL) § 5.4.1, those eligible to file a wrongful death lawsuit in New York State typically have two years from the date of death to sue for damages. If this window closes, you will lose the right to pursue damages on behalf of your late family member.
Err on the side of caution when it comes to a wrongful death in New York and filing a lawsuit against anyone at fault for the loss of your family member. Meet with a wrongful death attorney, as they will give your lawsuit their undivided attention.
Your attorney will analyze your case, determine who is liable for your loved one’s death, and calculate your damages. From here, they can submit your lawsuit in alignment with New York law. As your lawyer handles your legal matters, they will advise you to care for yourself and your family as you cope with the loss of your loved one.
Should You File a NY Wrongful Death Lawsuit?
If you’re unsure about whether your family should get a lawyer for a potential wrongful death, consider what will happen if you forgo legal action. Any parties responsible for your family member’s death will not be held accountable for the harm that they’ve caused. On top of that, your family will have to cover all of the losses associated with your loved one’s death.
Ultimately, filing a wrongful death lawsuit in New York can be emotionally taxing. Thankfully, you have access to comprehensive legal guidance and support. If you partner with wrongful death lawyers, you will get the legal help that you need to obtain compensation that serves you and your family well moving forward.
Your attorney will gather evidence to support your case and craft an argument that will resonate in court. In addition, they can negotiate a settlement with a liable party or their insurance company. Of course, you are not obligated to approve a settlement. If you want to see your case through to trial, your attorney will support your decision.
Ask for Legal Help With Your Wrongful Death Lawsuit in New York
Sadly, you have lost a family member due to someone else’s actions. You can’t change the past, but you have control over how you respond to the circumstances of your situation. With help from wrongful death attorneys, you can take the first step toward getting justice and damages from the party responsible for your devastating loss.
Chaikin Trial Group Personal Injury Lawyers has more than 50 years of combined experience on staff. We give you access to caring and compassionate lawyers who will prioritize your wrongful death case. To learn more, schedule a free case consultation with us.
