Losing a loved one is an unimaginable tragedy, and when that loss occurs due to someone else’s negligence or wrongful actions, the grief is often accompanied by a deep sense of injustice. Wrongful death lawsuits offer a legal avenue for families in New York State to seek compensation for their loss and to hold the responsible parties accountable. However, understanding the complexities of these lawsuits is crucial for anyone considering this path.
What Constitutes a Wrongful Death in New York State
In New York State, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another party, similar to what would have been grounds for a personal injury lawsuit had the victim survived. This means that if an individual’s actions or failure to act in a reasonable manner leads to another person’s death, the deceased’s family may have grounds to file a wrongful death lawsuit. It is important to understand that wrongful death is a civil action, separate from any criminal charges that might be filed against the responsible party. While criminal charges can result in penalties like imprisonment or fines, a wrongful death lawsuit is intended to provide financial compensation to the surviving family members.
The law recognizes that the sudden and unexpected loss of a loved one can create significant emotional and financial hardships for the surviving family members. Therefore, wrongful death claims are designed to address these hardships, compensating for factors such as medical expenses incurred before the death, funeral costs, lost wages, and the loss of companionship. However, the process of pursuing a wrongful death lawsuit can be legally complex and emotionally challenging, which is why understanding the key aspects of these claims is essential.
Partner Partner Partner Attorney Attorney Attorney Attorney
Benjamin J.
Andrews
Robert
Maranto
Tom
Kotrys
Norton
Lowe
Amanda
Blum
Anthony
Iacono
Robert J.
Maranto, III
Who Can File a Wrongful Death Lawsuit in New York
In New York, the right to file a wrongful death lawsuit is limited to certain individuals. Specifically, the personal representative of the deceased person’s estate is the one who must bring the lawsuit on behalf of the surviving family members. This personal representative is typically named in the deceased person’s will, but if no will exists, the court may appoint an individual to act in this capacity.
While the personal representative is the one who files the lawsuit, the beneficiaries of any damages awarded are the deceased’s surviving family members. These can include a spouse, children, and in some cases, parents. Each of these individuals may be entitled to a portion of the compensation based on their relationship to the deceased and the financial and emotional support they received from the deceased person.
It is important to note that while friends, fiancés, or distant relatives may suffer from the loss, they generally do not have the legal standing to file a wrongful death lawsuit in New York. Understanding who can file the lawsuit is a critical first step in pursuing a wrongful death claim.
The Statute of Limitations for Wrongful Death Claims
The statute of limitations is a legal deadline by which a lawsuit must be filed, and in New York State, the statute of limitations for wrongful death claims is two years from the date of death. This means that the personal representative must initiate the lawsuit within two years, or the right to file a claim will be lost. This time frame is strict, and courts are generally not inclined to grant extensions unless exceptional circumstances exist.
The two-year limit applies regardless of whether the family is still grieving, whether there are ongoing criminal proceedings, or whether settlement negotiations are underway. Therefore, it is crucial to act promptly to protect your right to seek justice. While two years might seem like a long time, the legal process involves gathering evidence, securing testimonies, and navigating complex legal procedures, all of which require time. Delaying the start of this process can jeopardize the ability to file a successful claim.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
Proving a Wrongful Death Claim
To succeed in a wrongful death lawsuit in New York, the personal representative must prove several key elements. First, it must be established that the defendant owed a duty of care to the deceased. This duty of care varies depending on the circumstances. For example, a driver owes a duty of care to other road users to drive safely, while a doctor owes a duty of care to a patient to provide competent medical treatment.
Next, it must be proven that the defendant breached this duty of care through negligent, reckless, or intentional actions. In legal terms, this breach of duty is often referred to as “negligence.” For example, if a driver was speeding or a doctor failed to follow standard medical procedures, this could be considered a breach of duty.
Once a breach of duty is established, the personal representative must then prove causation—that is, that the breach of duty directly caused the deceased’s death. This can sometimes be the most challenging aspect of a wrongful death claim, as the connection between the defendant’s actions and the death must be clear and direct.
Finally, the lawsuit must demonstrate that the death resulted in quantifiable damages, such as financial losses or emotional suffering. These damages are what the lawsuit seeks to recover on behalf of the deceased’s surviving family members.
Damages Available in New York Wrongful Death Lawsuits
In a New York wrongful death lawsuit, the damages awarded are intended to compensate the surviving family members for both economic and non-economic losses. Economic damages can include medical expenses that were incurred prior to the death, funeral and burial costs, lost wages and benefits that the deceased would have provided, and the value of support and services that the deceased would have contributed to the household.
Non-economic damages, while more challenging to quantify, are also critically important. These can include the loss of companionship, love, and emotional support that the deceased would have provided to their family members. However, New York does not allow for the recovery of damages for the pain and suffering of the deceased or for the emotional distress experienced by the surviving family members due to the death. This limitation is distinct from many other states and is important to consider when evaluating the potential outcomes of a wrongful death lawsuit.
Should I Take The First Settlement Offer? Steps to File a Personal Injury ClaimRelated Videos
The Role of a Personal Injury Lawyer in Wrongful Death Claims
Given the complexities involved in proving a wrongful death claim and the legal nuances of New York law, having a knowledgeable personal injury lawyer by your side is crucial. A lawyer can provide the legal guidance needed to navigate the process, from filing the initial claim to negotiating settlements or taking the case to trial if necessary. The lawyer’s role is to advocate for the family’s interests, ensuring that they receive the compensation they deserve and that justice is served.
In addition to handling the legal aspects of the case, a lawyer can also offer invaluable support during what is undoubtedly a difficult time for the family. By managing the case, the lawyer allows the family to focus on grieving and healing, rather than becoming overwhelmed by legal procedures and deadlines. The lawyer’s experience in negotiating with insurance companies, gathering evidence, and presenting a compelling case can make a significant difference in the outcome of the lawsuit.
Challenges in Wrongful Death Lawsuits
Wrongful death lawsuits are inherently challenging, both emotionally and legally. One of the primary challenges is dealing with the emotional weight of the case. For surviving family members, pursuing a lawsuit may mean reliving painful memories and dealing with ongoing grief. Additionally, the legal process can be long and arduous, with no guarantee of a quick resolution. The defense may also present challenges by disputing liability or the amount of damages claimed, which can further complicate the process.
Another significant challenge is the burden of proof. As mentioned earlier, the personal representative must prove each element of the wrongful death claim, which requires substantial evidence. Gathering this evidence, such as medical records, accident reports, and witness testimonies, can be complex and time-consuming. Moreover, the defense may attempt to minimize their liability by arguing that the deceased was partially at fault, which can reduce the amount of compensation awarded under New York’s comparative negligence rules.
Verdicts & Settlements
Seeking Justice Through a Wrongful Death Lawsuit
While no amount of money can ever truly compensate for the loss of a loved one, a wrongful death lawsuit can provide a sense of justice and financial stability for the surviving family members. The compensation awarded can help cover expenses, support the family in the absence of the deceased, and offer some measure of closure. Additionally, holding the responsible party accountable through a lawsuit can sometimes lead to changes that prevent similar tragedies from occurring in the future.
For those considering a wrongful death lawsuit in New York, it is important to seek legal guidance as soon as possible. The process can be overwhelming, but with the right legal support, it is possible to navigate the complexities and pursue the justice that your loved one deserves.
If you have lost a loved one due to someone else’s negligence or wrongful actions, Andrews, Bernstein & Maranto, PLLC can provide the legal support you need during this difficult time. Our experienced team understands the challenges you are facing and is committed to helping you seek the justice and compensation you deserve. Contact us today to discuss your case and learn how we can assist you in moving forward.