Losing a loved one is never easy, and it becomes even more challenging when that death is caused by the negligence or intentional actions of another person. Though no amount of money can bring back the person you’ve lost, the law provides a way for the family members of a deceased individual to seek justice and compensation through a wrongful death claim. In New York, there are specific rules about who can file such a claim. Understanding these rules is essential for those who find themselves in this unfortunate situation.
Robert Friedman
Michael Ranzenhofer
Justin Friedman
John Dracup
What Is Wrongful Death?
To begin, it’s important to understand what wrongful death means. In legal terms, wrongful death occurs when someone dies as a result of another party’s negligence or intentional wrongdoing. This can happen in many different circumstances, including car accidents, medical malpractice, accidents in the workplace, defective products, or even violent crimes. If someone’s actions lead to the death of another, the survivors may have a legal right to bring a lawsuit against the responsible party.
Who Can File a Wrongful Death Claim in New York?
In New York, the law specifies who is allowed to file a wrongful death lawsuit. In most cases, the person who files is a representative of the decedent’s estate. The role of the representative is crucial because the lawsuit is filed on behalf of surviving family members. These family members may include a spouse, children, or parents of the deceased, but not everyone is eligible to file.
The first person who can file a wrongful death claim is the personal representative of the deceased’s estate. This individual is often named in the deceased’s will or appointed by the court if there is no will. The personal representative, also called the executor, is responsible for handling the affairs of the deceased’s estate, including filing the wrongful death lawsuit. This representative’s job is not just to represent the decedent’s interests, but also to ensure that the surviving family members who are entitled to damages receive their rightful share.
For many cases, the surviving spouse of the deceased is the one who files the wrongful death claim, especially if they are the personal representative of the estate. A surviving spouse may experience the most significant emotional and financial loss due to the death, and they are generally the primary individuals entitled to compensation.
Another group of individuals who may be able to file a wrongful death claim are the deceased’s children. In New York, the children of the deceased—whether they are biological or adopted—have a right to file the claim if they were financially dependent on their parent. In some cases, adult children may be entitled to compensation as well. For minor children, the emotional and financial loss is often more significant, and they have the right to pursue damages for the loss of their parent.
Parents may also have the ability to file a wrongful death claim if they have lost a child. If the deceased did not have a surviving spouse or children, the parents could file the claim. However, if the parents want to pursue this type of claim, they generally need to prove that they were financially dependent on the deceased at the time of their child’s death.
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Siblings of the deceased are typically not entitled to file a wrongful death claim in New York. However, there are exceptions. If the deceased person did not have a surviving spouse, children, or parents, and the siblings were financially dependent on the deceased, they may be allowed to file the claim. This situation is rare, but it is possible under special circumstances.
Types of Damages in a Wrongful Death Claim
When a wrongful death claim is successful, the surviving family members may receive damages as compensation for their loss. These damages can include both economic and non-economic losses. Economic damages are the financial losses that result from the death, such as the loss of income the deceased would have earned, as well as the value of services the deceased provided, like childcare or household work. Non-economic damages, on the other hand, compensate for the pain and suffering caused by the loss of companionship, love, and affection.
In addition to these, the surviving family members may also be able to recover the costs of the funeral and burial. These expenses can often be significant, and they are typically included in the claim.
Why It’s Important to Act Quickly
There is a time limit for filing a wrongful death claim in New York, known as the statute of limitations. In New York, this limit is typically two years from the date of the deceased’s death. If a claim is not filed within this period, the right to file the lawsuit is generally lost, and the surviving family members may be unable to seek compensation. Because of this time limit, it’s important for families to act quickly and consult with an attorney as soon as possible after the death of a loved one.
How an Attorney Can Assist with Your Wrongful Death Claim
Filing a wrongful death lawsuit can be a complex and emotional process. Working with an experienced attorney can help ensure that the legal aspects are handled properly, allowing the surviving family members to focus on grieving and healing. An attorney can help with gathering evidence, filing necessary paperwork, and negotiating with insurance companies or the responsible party’s legal team. The attorney’s goal will be to seek justice for the deceased and fair compensation for the surviving family members.
Dealing with the death of a loved one is incredibly difficult, and when that death results from someone else’s actions, it can add an extra layer of frustration and pain. If you are wondering whether you have a wrongful death claim, or if you have any questions about your rights, it’s important to talk to a professional who can guide you through the process. At Friedman & Ranzenhofer, P.C., we are here to support families during this challenging time and help them understand their legal rights. Reach out to us for guidance if you believe you have a wrongful death claim in New York.
To learn more about this subject click here: $1 Billion Verdict: Wrongful Death Caused by Distracted Truck Drivers