3 common questions people have about wrongful death claims

On Behalf of Mallilo & Grossman Attorneys at Law | Apr 22, 2023 | Uncategorized |

The personal injury statutes enacted by New York lawmakers protect people from harm caused by others. Wrongful death laws give those who lose a loved one because of the misconduct or failings of a business or individual an opportunity to seek justice.

Provided that plaintiffs can establish fault for someone’s death in the civil courts, they could receive compensation for the financial impacts of losing someone unexpectedly. Those who may benefit from wrongful death lawsuits often don’t understand much about them. The three questions below are among the most common among those who may be wondering if their family may be in a position to file a wrongful death lawsuit.

1. Who can file a wrongful death lawsuit in New York?

Many parties will feel the negative impact of someone’s premature passing. Employers, close friends and extended family members may all experience significant grief and personal challenges when someone dies. However, there is technically just one person capable of filing a wrongful death lawsuit in New York. Only the personal representative of someone’s estate can seek compensation for the impact of their death in the New York civil courts. If the claim is successful, the representative will use the proceeds to fulfill the estate’s responsibilities. Any remainder will then typically benefit surviving family members, including spouses and children.

2. What can people recover in wrongful death lawsuits?

New York allows the representative of someone’s estate to seek the full financial impact of their death. Lost wages, hospital bills and funeral expenses are among the recoverable losses people often include in wrongful death lawsuits. Although lawmakers recently attempted to add provisions for people to seek emotional damages to the law, the Governor vetoed the bill, thus preserving the existing statute for the time being.

3. When can people file wrongful death lawsuits?

There are limited circumstances in which a wrongful death lawsuit is possible. New York requires default, wrongful acts or neglect on the part of the person or business responsible for the best for someone to have a viable wrongful death claim. Filing in a timely manner is also of the utmost importance, as there is a two-year statute of limitations that applies. Those who wait too long to pursue a wrongful death claim may lose the right to demand compensation in civil court.

Reviewing the circumstances surrounding someone’s death can help survivors evaluate the viability of a wrongful death claim with the assistance of an experienced legal professional.

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