What Qualifies as Wrongful Death in New York?

Last updated on: September 13, 2022

If you have lost a loved one due to the negligent action of another person, you may be entitled to file a lawsuit against the at-fault party here in New York.

Historically, if someone caused the death of another person, they could only be charged under a variety of criminal laws, depending on the circumstances. This would punish the perpetrator and perhaps even lead to jail or prison time. In the meantime, the family of the deceased was left with their loss and the costs associated with that loved ones’ death. The at-fault party was in jail but this did nothing for the grieving family.

Now, the family of the deceased has recourse for those damages in the way of a wrongful death lawsuit. Today, every state in the nation has some form of wrongful death laws that allows the family of the deceased to collect compensation from the negligent party for various things relating to their loved one’s injuries and death.

In New York, the most common wrongful death claims are due to fatalities caused by

  • Construction accidents
  • Workplace injuries, including those on construction sites
  • Car accidents
  • Medical malpractice
  • Criminal activity
  • Exposure to hazardous and dangerous substances at work

It is normal to go through a grieving process if a loved one has passed away due to an incident on a construction site, a car accident, or anywhere else. While a talented wrongful death lawyer, unfortunately, can not help with your loss, they can help minimize the financial stress you may be feeling. If you have suffered a loss of a loved on in wrongful death, please call Keetick Sanchez for free consultation and advice. (646) 701-7990

Defining “Wrongful Death” in New York State

In New York, wrongful death is defined as a death caused by the wrongful act of another, either accidentally or intentionally. Wrongful death claims have very specific criteria and compensate for very specific losses.

In fact, a wrongful death claim is very similar to a personal injury claim. The primary difference is that the person who would normally be entitled to personal injury benefits is no longer alive to do so. The family is now responsible for the damages and losses of the deceased person, as well as their own losses due to the death.

What Damages Can You Be Compensated for From a Wrongful Death Claim in New York?

In a wrongful death case, one or more family members may be able to collect compensation for a variety of different damages, depending on the situation. They can include:

● Any medical costs for the care of the deceased person before their death
● Any funeral expenses or burial costs for the deceased
● Loss of the loved one’s future income
● Loss of the support and services that the deceased provided to the family
● Loss of the loved one’s companionship
● Loss of parental nurturing, care, and guidance for the surviving children
● Loss of the loved one’s inheritance value for the surviving children
● Pain and suffering that the deceased endured before his or her death

Who May File a New York Wrongful Death Claim in New York City?

Under New York laws, only certain family members may bring forth a wrongful death claim. These are

● The spouse of the deceased party
● The children of the deceased person
● The parents of the deceased party
● The personal representative for the estate of the deceased

Generally speaking, other family members do not have the right to file a wrongful death case unless they have been named the personal representative of the estate or guardian of the deceased party’s children.

How do You Prove Wrongful Death in a Case?

Negligence the most popular legal grounds for a wrongful death lawsuit. It is important for a claimant to must show that the defendant (the entity or person sued) caused the death of the victim. For this, they must generally prove four elements:

(1) The defendant owed a duty of care to the deceased.
(2) The defendant violated this duty.
(3) The wrongful death was caused by a breach of duty.
(4) Family members were affected by the loss of their loved ones.

Statute of Limitations on Wrongful Death

Losing a loved one is hard especially if it is caused by someone else’s negligence. However, if you delay in asserting your rights and seeking compensation for the wrongful death you may lose valuable compensation. This could make the situation more difficult than necessary.

New York’s statute of limitations in wrongful death cases is two years from the death of a loved one. You must file a claim at your local court. The date is for the death of the loved one and not necessarily for the accident.

If you’ve lost a loved one, this is a difficult time for you and your family. The team of personal injury attorneys at the law office of Keetick L. Sanchez may be able to help. We will work hard to take care of your case while you focus on healing. Call us today to schedule a consultation.

Should You File a Wrongful Death Claim in Queens or Bronx?

Although filing a wrongful death claim after the death of your family member may seem emotionally uncomfortable, it can serve a few different purposes.

● It will hold the person responsible for causing the death of your family member.
● It will offset the costs and financial burdens associated with your loved one’s death.
● It may help provide closure for you and your family.

It’s important to keep in mind that the statute of limitations for filing a wrongful death claim in New York is two years. You should speak with a wrongful death attorney to understand if you qualify for these benefits.

If you have lost a family member due to the negligence of another party in New York, get the advice of a qualified wrongful death attorney to understand if you have a valid claim. Contact the law firm of Queens personal injury attorney Keetick L. Sanchez for a free consultation.

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