Losing a loved one is devastating under any circumstances. When a death occurs because of another person’s negligence, recklessness, or wrongful conduct, surviving family members may also face significant financial and emotional consequences.
New York law allows certain survivors and representatives of a deceased person’s estate to pursue a wrongful death claim when the legal requirements are met. These claims can help families seek compensation for losses resulting from the death.
But what qualifies as wrongful death in New York, who can file a wrongful death lawsuit, and what damages may be available?
What Is Considered Wrongful Death in New York?
A wrongful death occurs when a person dies because of another party’s wrongful act, neglect, or default under circumstances that would have allowed the deceased person to pursue a personal injury claim had they survived.
Wrongful death cases can arise from many different circumstances, including:
- Motor vehicle accidents
- Pedestrian and bicycle accidents
- Construction accidents
- Medical malpractice
- Defective products
- Premises liability accidents
- Workplace-related accidents
- Dangerous or negligent conduct
The underlying circumstances must be evaluated carefully to determine whether the legal requirements for a wrongful death claim have been satisfied.
Who Can File a Wrongful Death Claim in New York?
New York wrongful death law is different from some other states because the claim is generally brought by the personal representative of the deceased person’s estate.
The personal representative acts on behalf of the estate and eligible beneficiaries in pursuing the claim.
Certain surviving family members may be entitled to compensation for qualifying losses resulting from their loved one’s death. Depending on the circumstances, this may include a surviving spouse, children, parents, or other distributees.
Because eligibility can depend on the deceased person’s family circumstances and the nature of the losses involved, families should speak with an attorney to understand who may have a legal right to recover.
What Is the Difference Between Wrongful Death and a Survival Action?
Wrongful death claims and survival actions are related but are not the same.
A wrongful death claim generally seeks compensation for losses suffered by surviving beneficiaries because of the person’s death.
A survival action, on the other hand, allows certain claims that the deceased person could have pursued had they survived to continue through the estate. Depending on the circumstances, this can include damages associated with the deceased person’s conscious pain and suffering before death.
In some cases, both types of claims may arise from the same incident.
What Damages Can Be Recovered in a New York Wrongful Death Case?
The damages available in a wrongful death case depend on the circumstances and the losses suffered by eligible survivors.
Potential damages may include financial losses associated with:
- Loss of financial support
- Loss of household services
- Loss of parental guidance and care
- Medical expenses related to the fatal injury
- Funeral and burial expenses
- Other qualifying economic losses
New York’s wrongful death laws have specific rules governing recoverable damages, and the types of losses that may be pursued can depend on the facts of the case.
For that reason, families should not assume that a particular category of damages is automatically available simply because a death occurred.
Can a Family Sue for the Emotional Loss of a Loved One?
Wrongful death laws vary from state to state, and New York has historically placed significant limitations on the types of damages that can be recovered in wrongful death cases.
New York’s wrongful death laws have also undergone legislative changes and proposed reforms in recent years. Because the law can change, families should have an attorney evaluate a potential claim under the law applicable at the time of the death.
The distinction between economic losses, damages available through a survival action, and other potential damages can be particularly important when evaluating a wrongful death case.
How Long Do You Have to File a Wrongful Death Claim in New York?
Wrongful death claims are subject to statutes of limitations, meaning there is a deadline for filing a lawsuit.
The applicable deadline can depend on the circumstances of the death and the parties involved. Claims involving municipalities or other government entities may also have additional notice and procedural requirements.
Waiting too long can result in the loss of important legal rights. Families should therefore speak with a New York wrongful death attorney as soon as reasonably possible following a fatal accident.
What Evidence Is Needed for a Wrongful Death Claim?
Evidence can be critical when determining how a person died and whether another party was responsible.
Depending on the circumstances, evidence may include:
- Accident reports
- Medical records
- Autopsy and death records
- Photographs and videos
- Surveillance footage
- Witness statements
- Employment and income records
- Financial records
- Expert testimony
- Evidence concerning the circumstances leading to the death
An attorney may also investigate the accident scene, identify witnesses, obtain relevant records, and work with appropriate experts to establish liability and damages.
Can You File a Wrongful Death Claim After a Car Accident?
Yes, a fatal motor vehicle accident may give rise to a wrongful death claim when another driver’s negligence caused or contributed to the death.
Common examples include deaths caused by:
- Distracted driving
- Speeding
- Reckless driving
- Failure to yield
- Driving while impaired
- Running red lights or stop signs
- Other negligent driving behavior
Depending on the circumstances, additional parties may also need to be investigated, including vehicle owners, employers, manufacturers, or other potentially responsible entities.
What If Medical Malpractice Caused a Loved One’s Death?
Medical malpractice can also result in a wrongful death claim.
Examples may include an alleged failure to diagnose a serious condition, surgical errors, medication errors, negligent treatment, or other departures from the applicable standard of medical care.
Medical malpractice cases can be particularly complex because they often require medical records and expert analysis to determine whether negligence occurred and whether it caused the patient’s death.
How Can a Wrongful Death Attorney Help?
After an unexpected death, families may be focused on grieving while simultaneously dealing with medical bills, funeral expenses, lost income, and other financial concerns.
A wrongful death attorney can investigate the circumstances surrounding the death, identify potentially responsible parties, determine what claims may be available, and gather evidence to support the family’s case.
An attorney can also help explain applicable filing deadlines and procedural requirements and pursue compensation on behalf of the estate and eligible beneficiaries.
What Should You Do If You Lost a Loved One Because of Negligence?
Nothing can undo the loss of a family member. However, when another party’s negligence contributed to a death, New York law may provide a path for eligible family members and estates to seek compensation for qualifying losses.
Because wrongful death claims involve specific legal requirements, deadlines, and rules regarding who may recover, it is important to seek legal guidance as soon as possible.
If your loved one died because of a motor vehicle accident, medical malpractice, a construction accident, or another act of negligence, a New York wrongful death attorney can review the circumstances and help you understand your legal options.