Only the personal representative of the deceased’s estate can file a wrongful death lawsuit in New York. Appointed by the Surrogate’s Court or named in the will, this representative can seek justice and pursue compensation on behalf of the person who passed away.
This is an opportunity available in cases where someone died as a result of the negligent, reckless, or intentional acts of another party. In New York, the right to file a wrongful death claim is governed by specific laws that differ from those in many other states.
Understanding who can file a claim, how the process works, and the compensation that may be available to you is vital. That’s why it’s in your best interests to contact a Long Island wrongful death lawyer as soon as possible.
What Constitutes Wrongful Death in New York?
Wrongful death in New York occurs when a person dies due to the wrongful act, neglect, or default of another party. This could be the result of a variety of incidents, such as:
- Car accidents
- Medical malpractice
- Defective products
- Construction site accidents
- Criminal behavior
To pursue a wrongful death lawsuit, the circumstances must be such that the deceased person would have been able to file a personal injury claim had they survived. This concept details the foundation of wrongful death cases in the area.
It also distinguishes these claims from other types of civil actions. Now, let’s look more closely at who can file a wrongful death lawsuit according to New York state laws.
Who Has the Legal Right to File?
Many other states let close family members, like spouses or children, file directly. However, New York limits the right to initiate a wrongful death lawsuit to the person appointed as personal representative for the deceased person’s estate.
This person is often listed in the deceased individual’s will. Alternatively, they might be appointed by the court if there is no will. Known as the executor or administrator, they will file the claim on behalf of the decedent’s estate and any eligible surviving family members.
Though this representative is the only one who can initiate the lawsuit, the damages awarded can be distributed to multiple beneficiaries. It just depends on their relationship to the deceased and their financial dependence on them.
Eligible Beneficiaries in a Wrongful Death Case
Only personal representatives can file a wrongful death lawsuit, but New York law allows various family members to receive compensation if the lawsuit is successful. The surviving family members who may be entitled to a portion of the damages include the following parties:
- Spouse: The surviving spouse is typically one of the primary beneficiaries. They can be awarded compensation for the loss of companionship, financial support, and other damages.
- Children: Minor or dependent children are often entitled to compensation for the loss of parental guidance, nurturing, and financial support.
- Parents: If the deceased was either a minor child or someone who had no spouse and children, the parents may be considered beneficiaries. In turn, they could be eligible for a share of any damages awarded.
- Other heirs: If there are no immediate family members of the deceased person, extended family members or other next of kin may receive compensation. This will be determined by New York’s intestacy laws.
The court will assess the individual circumstances of each potential beneficiary. This includes their level of dependency on the deceased when determining how to distribute any financial recovery.
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Statute of Limitations for Filing a Wrongful Death Claim
Under New York law, personal representatives must file a wrongful death lawsuit within two years of the date of the person’s death. This deadline is known as the statute of limitations.
There are some exceptions and nuances to this timeline. For example, if a criminal case is also being prosecuted against the defendant, the statute of limitations for the civil wrongful death suit might be extended to one year from the date the criminal case concludes.
No matter the deadline that applies to your case, your claim could be barred completely if you don’t file on time, regardless of its merits. This strict time limit emphasizes the importance of talking to a wrongful death attorney in Westbury immediately.
Comparative Negligence in Wrongful Death Cases
New York follows the doctrine of pure comparative negligence, which can impact wrongful death claims. If the deceased was partially responsible for the incident that led to their death, the damages awarded in the lawsuit may be reduced by the percentage of their fault.
For example, suppose that the court finds the deceased to be 30% at fault for a fatal car accident. If the total damages awarded were $1 million, the final recovery would be reduced to $700,000. This rule applies even if the deceased was primarily at fault for the incident.
Comparative negligence can play a significant role in the process of determining the value of a wrongful death case, especially with cases involving multiple parties or unclear liability.
Call Our Wrongful Death Lawyers in Long Island ASAP to Learn Whether You Can File Wrongful Death Claims in New York
If you’ve lost a loved one due to someone else’s negligence, you don’t have to face the justice system all by yourself. Instead, let the Westbury wrongful death lawyers at Levine And Wiss represent you.
We know that this is a difficult and overwhelming time, but our Long Island wrongful death attorneys are here for you. We understand the full extent of the law and how it applies to your case.
With more than 100 years of combined experience, we’ve recovered hundreds of millions in compensation, and we’re prepared to protect your rights. As your wrongful death lawyers in Westbury, you can trust us to pursue the compensation your family deserves.
