Wrongful Death Laws in New York
Losing someone you love because of another person’s negligence is a heartbreaking experience. In New York, wrongful death laws allow surviving family members to pursue compensation and seek justice on behalf of the person who passed away. While no amount of money can replace a life, these legal claims help families cover financial losses and hold the responsible party accountable.
Who Can File a Wrongful Death Claim in New York?
In New York, the personal representative of the deceased person’s estate is the only party who may file a wrongful death claim. This representative may be named in the will or appointed by the court if no will exists.
Even though the personal representative files the lawsuit, any compensation awarded is for the benefit of surviving spouses, children, parents, or other dependents based on New York’s laws of inheritance.
What Situations Lead to Wrongful Death Claims?
Wrongful death claims arise when someone dies due to another party’s negligence, recklessness, or intentional conduct. Examples include:
- Fatal car or truck accidents
- Motorcycle crashes
- Medical malpractice
- Nursing home neglect or abuse
- Defective products
- Workplace injuries
- Premises liability incidents
- Criminal acts
If the deceased could have filed a personal injury claim had they survived, then a wrongful death claim may be filed on their behalf.
What Damages Can Be Recovered?
New York’s wrongful death statute focuses on economic losses suffered by the surviving family. These include:
- Funeral and burial expenses
- Medical bills related to the fatal injury
- Loss of the deceased’s income and benefits
- Loss of services, parental guidance, and care
- The value of support and assistance the deceased would have provided
- Interest on the damages, calculated from the date of death
Pain and suffering of the survivors is generally not recoverable. However, pain and suffering experienced by the deceased prior to death may be compensated under a separate survival action.
How Long Do You Have to File a Claim?
The statute of limitations for filing a wrongful death claim in New York is two years from the date of death. If you do not file within this period, your claim may be permanently barred.
There are exceptions to this rule—such as claims involving a criminal case—but it is always best to speak with an attorney promptly.
Car Accidents and Wrongful Death in New York
Car accidents are a frequent cause of wrongful death in the state. If someone dies in a collision due to speeding, distracted driving, impaired driving, or another form of negligence, their family may be entitled to compensation.
New York is a no-fault state, meaning that minor injuries are typically covered by the victim’s own insurance. However, fatalities fall outside the no-fault system, allowing families to file wrongful death claims directly against the at-fault driver.
Workplace Fatalities in New York
Families of workers who die on the job may qualify for workers’ compensation death benefits, which include partial wage replacement and funeral costs.
If a third party outside of the employer—such as a contractor or equipment manufacturer—was responsible for the death, the family may file a wrongful death lawsuit against that party in addition to collecting workers’ comp benefits.
Frequently Asked Questions About Wrongful Death in New York
Can siblings file a wrongful death claim?
Only the personal representative of the estate may file the claim. Siblings may benefit from any settlement or judgment if they are legal heirs, but they cannot initiate the lawsuit unless appointed by the court.
Can punitive damages be awarded?
New York generally does not allow punitive damages in wrongful death claims unless the conduct was particularly egregious. These damages are rare and must meet strict legal standards.
What happens if the at-fault party was never charged with a crime?
You can still file a wrongful death lawsuit. Civil and criminal cases are separate, and the lack of a criminal charge does not impact your right to seek compensation.
Can I recover damages for emotional distress?
New York wrongful death laws do not allow survivors to recover damages for their own emotional distress. Compensation is limited to economic losses and pain and suffering experienced by the deceased prior to death.
Contact a New York Wrongful Death Lawyer Today
If you’ve lost a loved one due to someone else’s carelessness or wrongdoing, a wrongful death lawyer in New York can help you pursue justice. Filing a claim may provide the financial relief your family needs and ensure that the responsible party is held accountable. Contact an attorney today to discuss your options during a free consultation.