What You Need to Know About the Wrongful Death Statute in New York

Losing a loved one is always devastating, but when that loss comes as a result of someone else’s negligence or wrongful actions, the pain can be even more profound. While no law can erase your grief, understanding New York’s wrongful death statute can help you find a path forward. It can offer a way to honor your loved one’s memory and protect your family’s future.

In this blog, a Long Island wrongful death attorney shares what you need to know about the wrongful death statute in New York. We’ll explore how the law might help in your situation, providing support during this difficult time.

What Constitutes a Wrongful Death in New York?

Under New York law, a wrongful death occurs when a person dies due to the “wrongful act, neglect or default” of another party. In simpler terms, this means a death caused by someone else’s harmful actions, carelessness, or failure to act when they had a duty to do so. This legal definition covers a wide range of scenarios, including:

• Fatal car accidents caused by negligent drivers, such as those involving drunk driving, distracted driving, or reckless behavior on the road
• Medical malpractice leading to a patient’s death, which might include surgical errors, misdiagnosis, medication mistakes, or failure to provide appropriate care
• Workplace accidents resulting in fatal injuries, particularly in high-risk industries like construction or manufacturing
• Deaths caused by defective products, ranging from faulty consumer goods to dangerous pharmaceuticals
• Criminal acts leading to fatalities, such as assault, battery, or homicide

It’s important to note that the circumstances must be such that, had the deceased survived, they would have been entitled to file a personal injury lawsuit against the responsible party. This means that there must be evidence of negligence, recklessness, or intentional harm that directly led to the death.

Who Can File a Wrongful Death Claim in New York?

New York’s approach to who can file a wrongful death claim is more restrictive than some other states. Specifically:

• The personal representative of the deceased’s estate must file the claim. This person is typically named in the deceased’s Will or appointed by the Court if there is no Will.
• Family members cannot file the lawsuit directly, even if they are the primary beneficiaries.
• The lawsuit can be filed on behalf of:
  • The deceased’s spouse
  • Children (including adopted children)
  • Parents
  • Other dependents who were relying on the deceased for financial support

While family members can’t file the claim themselves, they are often the ones who benefit from any compensation awarded. The personal representative acts as a proxy, pursuing the claim on behalf of the family and the estate.

What Damages Can Be Recovered in a Wrongful Death Case?

New York law allows for the recovery of various damages in wrongful death cases, aimed at compensating the family for their financial losses. These may include:

• Funeral and burial expenses: All reasonable costs associated with laying the deceased to rest.
• Medical expenses related to the deceased’s final injury or illness: This covers any healthcare costs incurred between the fatal injury or illness and the time of death.
• Lost wages and benefits the deceased would have earned: This is typically calculated based on the deceased’s earning potential over their expected lifetime.
• The value of support and services the deceased would have provided to family members: This can include household services, childcare, and other forms of support the deceased would have contributed.
• Lost inheritance for surviving children: If the death has reduced the estate that would have been passed on to children, this can be claimed.
• Conscious pain and suffering endured by the deceased before death: If there’s evidence that the deceased was aware and in pain between the fatal incident and their death, compensation may be awarded.

It’s worth noting that New York does not allow recovery for the emotional pain and suffering of surviving family members, which differs from some other states. This means that while the financial impact of the loss can be compensated, the emotional toll on the family is not directly factored into the damages.

The Statute of Limitations: Time is of the Essence

When dealing with a wrongful death case in New York, be aware of the statute of limitations:

• You generally have two years from the date of death to file a wrongful death lawsuit
• This time limit is strict, and failing to file within this period typically means losing your right to seek compensation
• The clock starts ticking on the date of death, not the date of the incident that led to the death

There are some exceptions to this rule, such as cases involving murder or certain medical malpractice situations. Additionally, claims against government entities may have shorter deadlines and special notice requirements.

Given these complexities, it’s crucial to consult with a Long Island wrongful death attorney as soon as possible after the death. They can help ensure you don’t miss any important deadlines and advise on any potential exceptions that might apply to your case.

Proving Negligence in a Wrongful Death Case

To succeed in a wrongful death claim, you must prove that the person or entity responsible for the death (legally referred to as the “defendant”) caused your loved one’s death through negligence or wrongful acts. This typically involves demonstrating four key elements:

1. Duty of Care: You must show that the defendant owed a duty of care to the deceased. This could be a driver’s duty to operate their vehicle safely, a doctor’s duty to provide competent medical care, or a manufacturer’s duty to produce safe products.
2. Breach of Duty: You need to demonstrate that the defendant breached that duty through their actions or inactions. This might involve showing that a driver was texting while driving, a doctor failed to diagnose a condition they should have recognized, or a company knowingly sold a defective product.
3. Causation: You must prove that the breach directly caused the death. This often requires establishing a clear link between the defendant’s actions and the fatal outcome, which may involve expert testimony or detailed accident reconstruction.
4. Damages: Finally, you need to show that the death resulted in quantifiable damages, such as those discussed in the earlier section on recoverable damages.

Seeking Legal Guidance

Navigating a wrongful death claim can be complex and emotionally challenging. While this overview provides a foundation, each case has its unique circumstances. Consulting with an experienced Long Island wrongful death attorney can offer several benefits:

• They can help you understand your rights and the strength of your case
• An attorney can gather necessary evidence and build a compelling argument
• They can handle negotiations with insurance companies and opposing counsel
• If necessary, they can represent you in court and present your case effectively to a judge or jury
• An experienced lawyer can help you avoid common pitfalls and ensure all necessary paperwork is filed correctly and on time

Remember, seeking justice for your loved one is not about placing a monetary value on their life. It’s about holding responsible parties accountable and securing financial stability for those left behind. An attorney can guide you through this difficult process with compassion and skill, allowing you to focus on healing and honoring your loved one’s memory.

Don’t Face This Difficult Time Alone

Losing a loved one unexpectedly is devastating enough without the added burden of financial uncertainty. During this challenging period, you need support, and that’s exactly what we’re here to provide. At The Harrison Law Group, our compassionate team of Long Island wrongful death lawyers is ready to stand by your side.

With over 30 years of experience handling a wide range of wrongful death cases, we understand the complexities of New York law and the emotional toll these situations take. While we know that no amount of compensation can replace your loved one, we can help alleviate the financial stress that often follows such a tragedy.

Take the first step towards securing your family’s future. Reach out to us today for a free, no-obligation consultation. Our dedicated New York wrongful death lawyers will listen to your story, explain your rights, and outline how we can help protect your interests.

You don’t have to navigate this difficult journey alone. Let us shoulder the legal burden so you can focus on healing and honoring your loved one’s memory. If you’ve been searching online for “wrongful death attorneys near me,” contact The Harrison Law Group instead. Call (631) 465-9797 or fill out our online form and allow our experienced team to fight for the justice and security your family needs during this trying time.

Copyright © 2024. The Harrison Law Group, P.C. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

The Harrison Law Group, P.C.
534 Broad Hollow Road, Suite 100,
Melville, New York 11747
(631) 465-9797
https://www.hlgny.com