Who Can Bring a Wrongful Death Claim in New York?
Wrongful death occurs when a person dies due to another person’s intentional wrongdoing or negligence, like in car accidents, medical malpractice cases, and more. If you’ve lost a loved one due to another’s negligence, a wrongful death lawsuit allows you to hold the responsible party accountable and pursue compensation to offset related costs.
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Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Content written by Samuel Meirowitz
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
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In New York, wrongful death claims compensate the deceased person’s surviving family members for their damages from the moment of the death, such as loss of financial support and loss of companionship. Similarly, survival actions allow families to recover damages the decedent suffered up until the moment of their death, like medical expenses, pain, and suffering. If you have lost a loved one due to someone else’s negligent or intentional acts, a New York wrongful death lawyer can help you determine whether you have grounds to file a claim.
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Who Can File a Wrongful Death Claim in New York?
When a person dies in New York because of someone else’s accidental or intentional wrongdoing, the deceased person’s estate may be able to bring forth a wrongful death lawsuit or insurance claim. Under New York law, the personal representative of a decedent who is survived by distributees, or relatives, can file a lawsuit to recover damages for a wrongful act/neglect that caused the death.
The Personal Representative or Executor of the Estate
If the deceased person died with a will, their personal representative or executor of their estate will be named in the will. Without a will, the court will appoint a personal representative to bring wrongful death claims and take care of the decedent’s affairs. This representative may be a family member, friend, colleague, or attorney, depending on the circumstances of the case. Only the personal representative or executor of the estate has the right to file a wrongful death lawsuit.
Family Members Who May Be Eligible
In New York, the personal representative of a decedent’s estate can file a wrongful death lawsuit when the decedent was survived by one or more relatives. All wrongful death damages are held exclusively for the benefit of these surviving relatives in this order of preference: surviving spouse and children, parents, siblings, grandparents and grandchildren, and great-grandchildren. Any of these surviving relatives may be named the representative for their deceased loved one’s estate, making them eligible to file a lawsuit.
Surviving Spouse
The surviving spouse of a wrongfully deceased person can bring a wrongful death lawsuit only if they have been named the personal representative or executor of the estate, either by the deceased person’s will or by a judge.
Children of the Deceased
The surviving children of a wrongfully deceased person can bring a wrongful death lawsuit if they are over the age of 18 and have been named the personal representative or executor of the estate. In some cases, if a minor child is the only surviving relative of the deceased, the statute of limitations may be tolled until they reach adulthood.
Parents and Siblings
Parents or siblings may be entitled to file a wrongful death claim under New York law if they have been named the personal representative or executor of the estate. This is more commonly the case if there is no surviving spouse or children.
Damages Available in a Wrongful Death Claim in New York
Various types of damages can be awarded in a wrongful death case, including economic, non-economic, and punitive damages. While many states in the U.S. limit the amount of damages families can seek in wrongful death lawsuits with a damage cap, New York does not, so there is no legal limit to the amount of damages you may seek.
Commonly awarded damages in wrongful death cases include funeral and burial expenses, health care expenses for the final injury or illness, lost financial support, the value of household services and support they would’ve provided, survivors’ lost inheritance, and interest. Punitive damages are rare and are only awarded by a court if the wrongdoer’s conduct was extreme or outrageous.
Economic Damages in a Wrongful Death Case
Economic damages cover the monetary impact of your loved one’s death. To calculate these damages, your attorney will evaluate all financial losses resulting from your case, including medical bills, funeral expenses, and loss of financial support.
Non-Economic Damages: Pain and Suffering
Non-economic damages cover the more intangible aspects of your loss after a wrongful death. Because of their subjective nature, these damages can be difficult to calculate, but may include loss of consortium, pain and suffering of the decedent, and emotional anguish. In many cases, juries multiply your economic losses by a factor between 1.5 and 5 to determine a meaningful non-economic damage amount. New York does not allow surviving relatives to recover damages for their pain, suffering, or mental anguish related to the death.
Statute of Limitations for Wrongful Death
New York law provides time limits for filing wrongful death lawsuits. In most cases, the statute of limitations for wrongful death claims in New York is two years, but there are some exceptions to this rule. In cases of medical malpractice, the deadline is two and a half years, and if criminal charges related to the death are pending, the deadline is one year from the end of the criminal case. Other exceptions involve legally disabled individuals, lawsuits against government entities, and suits against parties who live outside the state of New York. If you fail to file your wrongful death lawsuit within the applicable time frame, you lose your right to recover damages.
Average Wrongful Death Lawsuit Payout
The average wrongful death settlement varies widely based on a number of factors, including economic damages, non-economic damages, punitive damages, and local negligence laws. Settlements are heavily influenced by specifics of each unique case, but they typically range from tens of thousands to millions of dollars. At Meirowitz & Wasserberg, we’ve successfully delivered more than $360 million in settlements to our clients with wrongful death lawsuits.
Get Help From Meirowitz & Wasserberg Today
To be successful in a wrongful death claim, you must prove that someone’s intentional or negligent wrongdoing resulted in the death of your loved one. Proving negligence and wrongdoing can be complex–by working with a skilled wrongful death attorney, you can maximize your chances of achieving justice for your loved one.
Meirowitz & Wasserberg is a nationally recognized personal injury law firm made up of award-winning trial attorneys. We have successfully handled countless wrongful death lawsuits for grieving families and recovered hundreds of millions of dollars on behalf of our clients. Our firm is built on the principles of personalized client care and an aggressive litigation strategy, striving to secure maximum compensation for clients. To learn more about your options after the death of a loved one, contact Meirowitz & Wasserberg today online or by calling 800-726-6326, extension 123, for a free consultation.
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