New York City Wrongful Death Attorney
Losing a loved one is devastating—even more so when it results from negligence or a preventable accident. If you’ve experienced such a loss, you may be entitled to financial compensation. The experienced wrongful death attorneys at Sullivan Papain Block McManus Coffinas & Cannavo, P.C. are here to help you seek justice and recover damages.
What Is Wrongful Death in New York?
Wrongful death occurs when someone’s negligence or wrongful conduct leads to another person’s death. In New York, a wrongful death claim must prove:
- A death occurred (e.g., with a death certificate).
- The death resulted from the defendant’s wrongful conduct (proven through investigation).
- The deceased could have pursued a claim if they had survived (e.g., for injuries).
- Surviving family members suffered losses due to the death (e.g., financial or emotional).
- Recoverable damages exist (e.g., lost wages or medical expenses).
A claim must be filed by the personal representative of the deceased’s estate within two years of the death.
Common Causes of Wrongful Death
Wrongful deaths may arise from:
- Car and motorcycle accidents
- Medical malpractice
- Defective products
- Construction site accidents
How Negligence Is Proven
Proving negligence requires demonstrating:
- The defendant owed the deceased a duty of care (e.g., a doctor to a patient).
- The duty was breached (e.g., medical error or reckless driving).
- The breach caused the victim’s death.
- The death directly resulted from the defendant’s actions.
A skilled attorney is essential for conducting thorough investigations and building a strong case.
Potential Compensation
Damages awarded in wrongful death cases may include:
- Medical expenses for the deceased’s final injury or illness
- Funeral expenses
- Lost wages and financial support
- Lost inheritance
- The value of services the deceased provided
New York does not allow compensation for emotional pain and suffering for family members.