Who Can File a Wrongful Death Claim in New York?
In New York, only the personal representative (executor or administrator) of the deceased's estate may file a wrongful death lawsuit. However, the compensation recovered benefits the surviving family members — including spouses, children, and dependents. An attorney can help you navigate this process.
What Is Wrongful Death?
A wrongful death claim arises when a person dies due to the negligence, recklessness, or intentional act of another party. While no amount of money can replace a loved one, a wrongful death lawsuit can provide financial relief and a measure of justice for surviving family members.
Elements of a Wrongful Death Claim
To successfully pursue a wrongful death claim in New York, you must establish five elements:
- Duty of care: The defendant owed a duty of care to the deceased.
- Negligence: The defendant breached that duty through negligent, reckless, or intentional conduct.
- Causation: The breach directly caused the death.
- Surviving dependents: There are surviving family members who depended on the deceased.
- Financial losses: The survivors have suffered measurable financial damages.
Common Wrongful Death Cases We Handle
Wrongful death claims can arise from many types of incidents, including:
- Car, motorcycle, and truck accidents
- Construction site accidents
- Pedestrian accidents
- Slip and fall accidents
- Medical malpractice
- Defective products
- Workplace accidents
Compensation Available
New York wrongful death claims can recover:
- Lost wages and future earning capacity of the deceased
- Medical expenses incurred before death
- Funeral and burial costs
- Pain and suffering experienced by the deceased before death
- Loss of financial support and services to surviving family members
Filing Deadline
In New York, wrongful death lawsuits must be filed within two years from the date of death. This deadline is strict — missing it will bar your family from recovery. Contact our attorneys as soon as possible to preserve your rights.