Filing For Wrongful Death in New York FAQs

Filing for wrongful death in New York can be a complex process, filled with many questions from those who are grieving. It is helpful to understand the answers to some of the most common questions to help families understand how to proceed if they believe they have a wrongful death claim.

Who can file a wrongful death claim in New York?

In New York, the personal representative of the deceased’s estate is the only person who can file a wrongful death claim. This representative might be named in the deceased’s will or appointed by the court if there is no will. The representative files the claim on behalf of the immediate family members like spouses, children, or parents, who have suffered loss due to the death.

What must you prove in a wrongful death case?

To succeed in a wrongful death claim, the person filing must prove that another party’s wrongful act, neglect, or default caused the death. They must also show that the deceased could have taken legal action against the responsible party if they had survived. Additionally, it is necessary to prove that surviving beneficiaries or dependents have suffered a loss due to the death, and that there are measurable damages related to the claim.

What types of damages are recoverable?

You can recover several types of damages in a wrongful death case, including:

• Funeral and burial expenses
• Medical costs related to the final illness or injury of the deceased
• Lost wages and benefits that the deceased would have earned if they had lived
• The value of support and services the deceased provided to the family

Additionally, a person may be able to file a claim for the loss of parental nurturing, guidance, and education if the deceased has children.

What is the time limit for filing a wrongful death claim?

You must file a wrongful death claim within two years of the date of the deceased person’s death. Missing this deadline can prevent the family from ever being able to pursue the claim, so it is crucial to be aware of this time limit.

Understanding the basics of filing a wrongful death claim in New York can help families determine whether they might have a case and what steps they should consider next. Handling such a claim during a period of mourning is incredibly challenging, but gaining knowledge about the process can provide some direction during a difficult time.