Understanding Wrongful Death Claims in New York
The loss of a loved one is among the most heartbreaking experiences one can endure. When a preventable loss happens, the grief can be intensified. In New York, surviving family members may have the right to pursue a wrongful death claim and seek justice and compensation for their loss. If you are dealing with the tragic loss of a loved one, it is crucial that you understand what a wrongful death is and how it works in New York. That way, you can protect your rights and your family.
What Is a Wrongful Death in New York?
A wrongful death arises when someone dies due to the negligence or wrongful conduct of another. When such a death happens, surviving family members may be entitled to monetary damages through a wrongful death claim. A wrongful death claim is different from a criminal case. A wrongful death claim is only meant to provide financial compensation for the losses caused by the untimely death. Such a claim cannot result in jail time or fines.
In New York, wrongful death claims can arise from various types of incidents, including;
- Motor vehicle accidents
- Medical malpractice
- Premises liability accidents
- Defective products
- Workplace accidents
Who Can File a Claim?
New York law outlines specific instructions regarding who can file a wrongful death claim. Unlike some states where surviving family members are allowed to file independently, New York only allows the personal representative of the deceased’s estate, as appointed by the Surrogate’s Court, to initiate a claim. However, the financial compensation is meant for the benefit of surviving family members, such as;
- A surviving souse
- Children
- Parents
- Other dependents
Elements To Prove in a Wrongful Death Claim
The personal representative must prove the following elements to have a successful wrongful death claim;
- The defendant acted negligently
- The negligence caused the death
- There are surviving beneficiaries or dependents
- The survivors have suffered financial damages as a result of the death
What Damages Can Be Recovered in a New York Wrongful Death Claim?
In New York, surviving family members can only recover compensation for economic damages and the conscious pain and suffering of the deceased. Unlike in other states, New York does not allow surviving family members to recover compensation for their pain and suffering.
Economic damages that surviving family members can be compensated for include;
- Funeral and burial expenses
- Reasonable medical expenses associated with the final injury or illness
- Lost inheritance
- Loss of financial support
- Loss of household services
- Loss of guidance, nurturing, and care for children
Punitive damages, which punish the wrongdoer and are rarely awarded, may also be available, but proving that level of culpability is usually challenging.
Statute of Limitations for Wrongful Death Claims
According to New York law, the deadline for initiating a wrongful death claim is two years. There are limited exceptions, such as cases involving medical malpractice and if criminal charges are pending. Missing the set deadline usually results in the personal representative losing the right to file a claim.
Legal Help Is Available
Wrongful death claims can be complex. Defendants often fight hard to minimize payouts or avoid paying altogether. Our experienced Long Island wrongful death lawyers at Jacobson Law can help fight for the maximum possible compensation. Contact us today to schedule a consultation.