Losing a loved one is never easy, but when it’s due to someone else’s negligence or misconduct, it is all the more heartbreaking. While perpetrators may be held criminally accountable, New York law allows grieving families the chance to seek justice in civil court and demand financial compensation in the form of a wrongful death lawsuit.
At Gabriel Law, we understand that without proper legal assistance, coping with the legal consequences and preparing wrongful death suits can be a daunting task. As New York wrongful death lawyers, we speak on behalf of the dead and offer compassionate and uncompromising advice and legal representation and will not relent until justice is served.
What is a Wrongful Death Lawsuit?
The term “wrongful death” is often used as a blanket term to describe the unlawful killing of a person that results from the “wrongful act, neglect, or default” of another. As such, a wrongful death lawsuit is an action brought by the personal representative of the deceased individual’s estate seeking compensation for the damages suffered by the surviving family members.
A wrongful death lawsuit is a personal injury case. However, unlike other personal injury cases, the person who has the right to file the action is deceased. Thus, the deceased individual’s estate representative can file the case on their behalf. To prove a wrongful death case in New York, it must be shown that:
- • The individual has died.
- The death was caused by the wrongful act, neglect, or default of the defendant.
- The deceased would have been able to file a personal injury lawsuit had they survived.
- The family suffered economic and emotional damage as a result of the death, and
- The amount of damages claimed
These lawsuits can result from all types of negligence-based incidents such as car, pedestrian, and work-related accidents as well as medical malpractice and intentional acts, including crimes. Since criminal and civil cases proceed separately, you will still be able to file a wrongful death lawsuit against a person being prosecuted in criminal court.
Who Can File a Wrongful Death Lawsuit?
Compared to other states where any family member may file wrongful death lawsuits, New York law only allows the personal representative of the deceased, (the “executor”), to file a wrongful death lawsuit on behalf of surviving relatives identified as “distributees.” The damages recovered from a wrongful death case are to be held “exclusively for the benefit” of surviving relatives in the following order of preference:
- Surviving spouse and children
- Parents of the deceased
- Siblings
- Grandparents, their children, and their grandchildren, and
- Great-grandchildren
The distributees can divide the damages claimed based on pre-agreed portions. However, if the relatives cannot come to an agreement, the court may divide the damages based on the evidence presented.
What Damages Can Be Recovered in a Wrongful Death Case?
As Brooklyn wrongful death lawyers, we can assist the executor in preparing a wrongful death lawsuit that can provide “fair and just compensation” for the surviving relatives. Since New York has no upper limit on damages, you can collect any full amount awarded at the end of the case. Therefore, the damages claimed in these lawsuits can be economic, non-economic, and punitive damages. Some of the most common damages claimed include:
- Funeral & burial costs
- Medical expenses involved with the decedent’s final illness or injury
- The value of the household and other services provided by the decedent
- The value of parenting, guidance, and care of surviving children
- The financial support the decedent contributed to the family
- Interests of the damage calculated from the date of death
However, unlike in other personal injury cases, surviving relatives are not allowed to recover damages for considerations such as pain & suffering and loss of companionship. Furthermore, while punitive damages can be considered, they are rarely awarded.
What is the Statute of Limitations on Wrongful Death Cases?
We as Bronx wrongful death lawyers understand that coming to terms with the death of a loved one is difficult; if you are planning on filing a wrongful death lawsuit, you unfortunately do not have all the time in the world.
According to the Statute of Limitations in New York, a person has two (02) years from the date of the decedent’s death to file action. However, this time frame may increase or decrease in the presence of exceptional circumstances.
Conclusion
Coming to terms with the death of a loved one can be difficult, and it causes even greater anguish when the death was caused by someone else. As such, New York law allows for grieving families to seek compensation for damages in the form of wrongful death lawsuits.
We at Gabriel Law have had the chance to help many families with their wrongful death lawsuits in the last thirty years. Our experienced team will ensure that you are not alone in this trying time and that your family gets the fair and just compensation that they deserve.