When someone is killed as a result of someone else’s negligence, certain people are entitled to file a wrongful death lawsuit against the party responsible for the incident. There are a number of circumstances that can lead to wrongful death lawsuits in New York, including car accidents, medical malpractice, defective products, and slip-and-fall incidents. In this article, we discuss who can file a wrongful death lawsuit in New York.
Parties Who Can File a New York Wrongful Death Lawsuit
In New York, the following people may file a wrongful death lawsuit on behalf of a deceased individual (decedent):
- The decedent’s parent
- The decedent’s spouse
- The decedent’s child
- The decedent’s estate’s court-appointed or personal representative
When a decedent doesn’t have a surviving parent, spouse, or child, it may be possible for another blood relative to bring the claim. However, this person typically must have been named as court-appointed or personal representative of the deceased in order to do so.
Statute of Limitations for Wrongful Death in New York
In New York, any of the above individuals may file a wrongful death lawsuit within two years of the date of the person’s death. Lawsuits filed after this two-year period are not permitted.
Proving a Wrongful Death Lawsuit in New York
Once one of the above parties has filed a wrongful death lawsuit in New York, the plaintiff and his or her attorney must prove the case. A party who files a wrongful death lawsuit must demonstrate that the defendant in the case acted negligently and that the defendant’s negligence resulted in the person’s death. In order to prove this, the plaintiff’s attorney will gather evidence and take the steps necessary to demonstrate the other party’s negligence.
Wrongful Death Damages
Compensation in a wrongful death lawsuit is based on the financial damages the incident caused. In New York, the damages that are recoverable in a wrongful death lawsuit are economic losses, such as funeral expenses, medical expenses, and lost wages; and the conscious pain and suffering experienced by the decedent as a result of the accident.
In a wrongful death lawsuit, there is no award given for the grief endured by survivors. However, if the decedent has minor children, they may be eligible to receive damages for the loss of the guidance and education that the deceased parent would have provided but for his or her death.
Contact a Staten Island Personal Injury Attorney
If you’ve lost a family member due to an accident in New York, you need an experienced personal injury attorney on your side. At the Law Offices of Frank J. Dito, Jr., we represent clients in wrongful death cases in Brooklyn and Staten Island. When you come to us for assistance, we’ll do everything in our power to ensure that you obtain financial compensation for the death of your loved one. Please contact us today to schedule a free consultation.