What Is a Wrongful Death in New York?

Wrongful death is defined under New York Estate Powers & Trust § 5-4.1 (2021) which states that it is a death caused by a wrongful act, neglect, or attack. In such a matter, had the deceased party survived, he or she would have had the right to file a personal injury claim against the at-fault party. Because the injuries were fatal, that is no longer possible. However, others can file a claim on behalf of the deceased party. 

In New York, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. Family members are not allowed to do so unless they have been designated as personal representatives. In these cases, the personal representative seeks damages on behalf of the estate and family survivors to compensate for the death. 

Damages in a Wrongful Death Claim

Damages that can be recovered in a wrongful death claim will depend on the circumstances of the case.

Typical damages in these cases have included:

• Pain and suffering caused to the deceased person before death
• Medical expenses incurred by the deceased person before his or her death
• Lost earnings that the deceased would have provided the family
• The value of the lost services or support the deceased would have provided
• The value of lost care, nurture, and guidance the deceased would have provided his or her children
• Lost inheritance 
• Funeral and burial costs

Causes of Wrongful Death

Wrongful deaths can occur in many ways. However, they are all based on the fact that another party was negligent or engaged in a wrongful act that caused the death. 

Examples of causes of wrongful death can include:

• Car, truck, motorcycle, bicycle, bus, and pedestrian accidents
• Dangerous premises 
• Unsafe construction sites
• Nursing home abuse and neglect
• Medical malpractice
• Workplace accidents

Liability in Wrongful Death Cases

One important aspect of proving a wrongful death case is determining who was responsible for your loved one’s accident—and gathering convincing evidence to show that this party is liable. This task is something that we can handle for you, as it can be challenging to examine all the details of your loved one’s accident on your own.

Keep in mind that the person who caused the accident may not be the only person responsible for compensating you. This is yet another aspect of proving liability that can be complicated. For instance, if your loved one passed away in a car crash, you may think that the driver is responsible for your case; however, after we investigate, we may determine that another party is also liable..

Liable parties may include:

• Owners and operators of motor vehicles
• Property owners and managers
• Local or state governmentsConstruction companies
• Trucking companies
• Cargo loading companies
• Vehicle and their part manufacturers
• Manufacturers of other defective consumer products
• Dangerous drug and medical device manufacturers
• Nursing home owners or administrators
• Hospitals

Through an intensive investigation, we can determine that all appropriate parties are held responsible in your case. 

When the Other Party Shifts Blame 

 Ideally, insurance companies pay wrongful death claims based on the evidence in your case. However, more often than not, people run into complications when attempting to collect a fair settlement. For instance, the liable party may argue that they were not responsible in an attempt to avoid paying for your family’s losses.

You don’t have to deal with these accusations on your own. This is when a proven and trusted legal team can truly help through comprehensive case preparation. If an insurance company tries to challenge or deny your claim, we can prove the other party’s liability based on the compelling evidence that we have gathered. At Dansker & Aspromonte Associates LLP, we prepare every case for trial which means we are ready for any eventuality, from legal challenges from the other side to lowball settlement offers and jury trials. 

Statute Of Limitations in Wrongful Death 

Your time to bring a claim on behalf of your deceased family member is subject to a statute of limitations. This means you have a certain window of time to file your claim. In general, you have a two-year deadline from the date of your loved one’s death. 

If you fail to bring your claim before the deadline, you may be forever prevented from receiving the financial compensation your family deserves. We recommend that you seek our help as soon as possible in any wrongful death matter.

Call us today at (646) 692-0204 for a free case evaluation. We want to use our experience to fight for the compensation you deserve.