Losing a loved one because of another person’s negligent actions can be devastating. Unfortunately, these claims are not as uncommon as you may believe. As such, in accordance with New York law, you may be eligible to pursue a wrongful death claim. While no amount of money can replace your loved one, it can help you seek justice on their behalf. However, New York has strict rules regarding who can file a claim. In most instances, only the individual’s personal representative can pursue a claim. If you are looking to fight for justice. If you have lost a loved one due to the negligent actions of someone else, please don’t hesitate to contact a Westchester County Wrongful Death lawyer who can help you recover damages for the wrongful act that took your loved one away too soon.
What Is Considered a Wrongful Death in New York City
While death is an inevitable part of life, losing a loved one is never easy. Especially when that person could still be alive if it weren’t for the wrongful acts of another person. Unfortunately, due to negligence, a person can lose their life unexpectedly. In New York, “wrongful death” is defined as a death that is caused by “a wrongful act, neglect or default,” and the deceased would have been able to pursue a personal injury lawsuit if they had survived their illness or injury.
Under New York Estates, Powers and Trusts Law (EPTL) § 5-4.1, the personal representative is generally the only individual legally eligible to file a wrongful death claim on behalf of the deceased.
Situations That May Lead to Wrongful Death Claims
- Car accidents
- Truck accidents
- Medical malpractice
- Workplace accidents
- Product defects
- Nursing home abuse or negligence
- Premises liability accidents
- Criminal acts resulting in death
What Must Be Proven in a Wrongful Death Lawsuit?
In order for a wrongful death claim to be successful in New York City, the personal representative must show:
- The individual died
- Another individual or entity acted in a negligent or wrongful manner
- The negligence caused their death
- The deceased would have been eligible for a personal injury claim if they had survived
- The surviving beneficiaries of the deceased suffered damages as a result of the death
Who Can File a Wrongful Death Claim on Behalf of Their Loved One in New York?
In several states across the U.S., the only party lawfully entitled to file a wrongful death claim on behalf of the decedent is a spouse, a child, or a parent. However, under New York law, the only party who is eligible to file a wrongful death claim on behalf of the deceased is an appointed personal representative of the estate.
Personal representatives are also known as executors or administrators. Personal representatives are typically outlined in the deceased person’s last will and testament. If the deceased did not appoint a personal representative, the court will appoint one on their behalf.
Who Can Serve as the Personal Representative?
Individuals commonly named as personal representatives include:
- An executor named in a will
- A surviving spouse appointed by the court
- An adult child of the deceased
- Any other qualified adult family member of the deceased
- A court-appointed estate administrator
Common Responsibilities
- Filing the wrongful death lawsuit
- Managing estate-related legal matters
- Preserving evidence
- Working with insurance companies and attorneys
- Paying outstanding debts and distributing assets to beneficiaries.
Can Family Members Recover Compensation Even if They Do Not File the Claim?
While New York does not allow family members to pursue wrongful death claims unless they are the appointed personal representative of the estate, surviving family members can recover compensation from the claim through the estate.
What Compensation Can Be Recovered in a Wrongful Death Claim?
Wrongful death lawsuits provide surviving beneficiaries of the victim to recover both economic and certain non-economic damages incurred as a result of the death.
Common Economic Damages in an NYC Wrongful Death Claim
- Lost earnings and future income
- Loss of financial support
- Funeral expenses
- Burial cost
- Medical expenses related to the final injury or illness
- Loss of parental guidance
- Loss of household support
- Estate-related financial losses
Can Pain and Suffering Damages Be Recovered?
While most traditional personal injury cases in New York City allow the victim to seek compensation for non-economic damages like pain and suffering or loss of enjoyment of life, these are limited to wrongful death claims. As such, depending on the circumstances, damages may include:
- Conscious pain and suffering endured before death
- Medical treatment costs prior to death
- Survival action damages tied to the deceased’s injuries
How Long Do Personal Representatives Have to Pursue Legal Action?
According to New York’s statute of limitations for this type of claim, personal representatives have two years from the date of the person’s death to pursue legal action. The personal representative will be prohibited from pursuing legal action in the future if they do not meet this deadline. This means they will lose their chance of recovering just compensation for the deceased person’s damages.
However, there are exceptions to the two-year deadline. If the person’s death was the result of medical malpractice, personal representatives then have two and a half years from the date of death to pursue legal action.
In New York City, Westchester County, and the surrounding metropolitan communities, these claims generally proceed through the New York State Supreme Court, though hearings with the Surrogate’s Court may also occur.
Contact an Experienced New York City Personal Injury Attorney
If you have lost a loved one due to the wrongful acts of another person, get in touch with our skilled and compassionate team members who can help you seek justice on behalf of your deceased loved one.
