How Can Families Pursue Justice in Wrongful Death Lawsuits?
Losing a loved one because of negligence is one of the most devastating experiences a family can face. A wrongful death claim provides a way to seek answers after a preventable tragedy. These cases may arise from car accidents, medical errors, unsafe workplaces, or defective products. Legal action can also help protect a family’s stability during an incredibly difficult time.
At the Law Office of Steven R. Smith, we’re committed to guiding families through the challenges of wrongful death litigation with care. From our office in Garden City, New York, we represent clients in Long Island, Hempstead, Westbury, Queens, Hicksville, and Mineola. Contact us today to discuss your case and learn how we can help your family move forward.
What Qualifies as Wrongful Death
A wrongful death occurs when someone loses their life because another party acted carelessly, recklessly, or failed to act when they should have. These cases often involve serious negligence that could’ve been prevented. Families may find it helpful to know the most common circumstances where wrongful death claims arise.
Wrongful death claims often arise in situations where safety measures were ignored or proper care wasn’t taken. Some frequent causes include:
Car accidents: Collisions caused by reckless driving, distracted driving, or drunk driving.
Medical errors: Mistakes such as surgical negligence, misdiagnosis, or medication errors.
Workplace accidents: Fatal injuries caused by unsafe conditions or a lack of proper safety equipment.
Defective products: Dangerous consumer goods or machinery that malfunction and cause fatal harm.
Each of these examples reflects situations where safety should’ve been protected, leading naturally into the question of who has the right to bring these claims.
Who Has the Right to File a Wrongful Death Claim
In New York, the personal representative of the deceased person’s estate is the one who must file a wrongful death lawsuit. The claim is filed on behalf of eligible family members, such as a spouse, children, or parents, who suffered losses because of the death. This structure assures that all claims are brought in an orderly way and that compensation is distributed to those most directly affected.
Because New York law is strict about who can file, it’s important for families to understand this process early on. Once eligibility is established, the next challenge becomes proving the legal elements required to succeed in court.
Key Elements Families Must Prove in Court
To succeed in a wrongful death lawsuit, families must establish several legal elements that connect the defendant’s actions to the fatal outcome. These requirements make sure the claim is grounded in evidence rather than assumption. Some of the key elements include:
Duty of care: Showing that the defendant had a legal responsibility to act safely.
Breach of duty: Demonstrating that the defendant failed to meet this responsibility.
Causation: Proving that the defendant’s actions directly led to the death.
Damages: Providing evidence of the financial and emotional harm suffered by the family.
Once these elements are shown, the focus shifts to the types of damages families may recover, which often provide crucial financial relief.
Damages Families May Recover in Wrongful Death Cases
Compensation in wrongful death claims is meant to address both financial losses and emotional harm. Families may recover money for lost income, final expenses, and the impact of losing a loved one’s support. Courts may also allow non-economic damages that recognize the deep emotional toll of such a loss.
In some situations, punitive damages are awarded to punish particularly reckless behavior. While not available in every case, these damages send a strong message about accountability. With damages in mind, families often want to understand how the lawsuit process itself moves forward.
How the Wrongful Death Lawsuit Process Moves Forward
The wrongful death lawsuit process begins with an initial consultation where a lawyer reviews the details of the case. Once a claim is filed, both sides exchange information, and the case may move toward negotiation or trial. Each step requires careful preparation to build strong evidence.
Working with an experienced wrongful death attorney can help families manage investigations, depositions, and settlement discussions. While some cases resolve through negotiation, others must be presented in court for a judge or jury to decide. Understanding timing is just as important, which is why families should also be aware of statutes of limitations.
Statutes of Limitations in Wrongful Death Claims
According to the New York State Court of Claims, in New York, wrongful death claims must generally be filed within two years from the date of death. If the case isn’t filed within this period, the court will almost always dismiss it, and the family loses the ability to pursue compensation. Acting quickly is critical because once the deadline passes, the opportunity for recovery is gone.
There are limited exceptions in New York, such as when a criminal case is pending against the responsible party, which can extend the deadline. Families who begin the process promptly also benefit from preserving key evidence while it’s still available. Even when the timing is right, however, wrongful death lawsuits can present other challenges for families.
Common Challenges in Wrongful Death Litigation
Wrongful death lawsuits often involve disputes over whether negligence actually occurred. Defense firms may argue that another factor caused the death or that the family’s damages are limited. These disputes can make cases more complicated and emotionally draining.
Families may also face challenges such as insurance companies minimizing payouts or requiring extensive documentation. Despite these hurdles, wrongful death claims provide important remedies compared to survival actions, which operate differently.
Differences Between Wrongful Death and Survival Actions
A wrongful death claim in New York is filed to compensate the family for financial losses, such as lost income or funeral expenses. A survival action, on the other hand, continues the legal rights of the deceased and allows recovery for damages they could’ve pursued if they had lived, such as medical bills or conscious pain and suffering. Both claims may be filed together, but they address very different types of harm.
Because New York law carefully defines what families can and can’t recover, it’s important to distinguish between these two claims. Understanding the difference helps make sure that no potential damages are overlooked in the legal process.
State Laws That May Affect Wrongful Death Lawsuits
New York law has strict rules about wrongful death lawsuits, including who can file and what types of damages may be recovered. Only the personal representative of the estate may bring the claim, and compensation is limited to economic losses such as lost income, medical expenses, and funeral costs. Unlike many other states, New York doesn’t allow recovery for grief, emotional suffering, or loss of companionship.
These rules can significantly affect the outcome of a case, making it essential for families to understand them before moving forward. Because eligibility and damages are tightly defined, they also shape how a case may be resolved, whether through settlement or trial.
Settlement Versus Trial in Wrongful Death Cases
Most wrongful death cases are resolved through settlement, allowing families to avoid the stress and uncertainty of a trial. Settlements can provide faster financial relief and assure privacy by keeping details out of the courtroom. However, not every case can be resolved this way.
When a settlement isn’t possible, a trial allows the family to present evidence before a judge or jury. Although trials can be longer and more demanding, they may result in higher compensation if liability is proven. Families weighing settlement versus trial often also want to know answers to common questions about wrongful death lawsuits.
Frequently Asked Questions About Wrongful Death
Families facing wrongful death often have pressing concerns. Here are a few common questions we hear.
How long does a wrongful death case take?
Timelines vary, but cases can take months or years depending on the details of the claim and whether they settle.
Can multiple family members file?
In New York, only the personal representative of the deceased person’s estate can file the wrongful death lawsuit. That representative files on behalf of all eligible family members who suffered losses.
Are wrongful death damages taxable?
In most cases, compensation isn’t considered taxable income, though certain exceptions may apply.
What if the responsible party faces criminal charges?
A civil wrongful death case can proceed separately from any criminal case.
These questions reflect the concerns many families share, and they underscore the importance of pursuing legal remedies when a wrongful death occurs.
Take Action to Protect Your Family
Losing a loved one is overwhelming, but pursuing a wrongful death claim can help your family address the losses and move forward. The Law Office of Steven R. Smith provides compassionate guidance and dedicated legal support every step of the way. We proudly serve clients in Garden City, New York, as well as surrounding areas including Long Island, Hempstead, Westbury, Queens, Hicksville, and Mineola. Contact us today to discuss your case.