Who Can File a Wrongful Death Lawsuit?
Dealing with the death of a loved one is one of the most challenging experiences anyone can face. When that death is caused by someone else's negligence, it becomes even more heartbreaking. In New York, families who have lost a loved one due to another's wrongful actions may be able to file a wrongful death lawsuit.
However, knowing who can file such a lawsuit is essential, as only certain individuals have the legal right to do so. As a personal injury attorney with over 30 years of experience, I've seen the devastating impact these cases have on families. It's my goal to guide you through the legal process so that you understand your rights and options.
Wrongful Death in New York
In New York, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another person or entity. The state's laws are designed to hold responsible parties accountable and provide compensation to those who have suffered due to the loss of a loved one. Wrongful death claims can arise from various situations, including car accidents, medical malpractice, construction accidents, and more.
The purpose of a wrongful death lawsuit is to provide financial compensation to the deceased's family for the losses they have suffered. These losses can include medical expenses, funeral costs, lost wages, and loss of companionship. However, it's important to note that not everyone can file a wrongful death lawsuit in New York. The law is specific about who has the legal standing to bring such a claim.
Parties With the Legal Standing to File a Wrongful Death Lawsuit
In New York, the only individuals who can file a wrongful death lawsuit are the personal representatives of the deceased's estate. This means that family members, such as spouses, children, or parents, can't file the lawsuit directly unless they have been appointed as the estate's personal representative. The personal representative, also known as the executor or administrator of the estate, is responsible for managing the deceased's estate and addressing their final affairs.
The personal representative is typically appointed through the probate process, where the deceased's will is validated by the court, and the estate is settled. If the deceased didn't have a will, the court will appoint an administrator to act as the personal representative. Once appointed, the personal representative has the legal authority to file a wrongful death lawsuit on behalf of the deceased's estate and distribute any compensation received to the rightful beneficiaries.
Family Members in a Wrongful Death Lawsuit
While the personal representative is the only person who can file a wrongful death lawsuit, the compensation received is intended to benefit the deceased's surviving family members. In New York, the law recognizes that certain family members have suffered financial and emotional losses due to the wrongful death of their loved one. As such, these individuals are entitled to receive compensation from a successful wrongful death claim.
The family members who may be eligible for compensation include the deceased's spouse, children, and parents. If the deceased didn't have any immediate family members, other relatives, such as siblings, may also be eligible. The court will determine how the compensation is distributed among the surviving family members based on their relationship to the deceased and their level of dependence on them.
What Compensation Can Be Recovered in a Wrongful Death Lawsuit
A wrongful death lawsuit in New York can result in various forms of compensation for the surviving family members. These damages are intended to cover the financial and emotional losses experienced due to the death of their loved one. Some of the most common types of compensation that can be recovered in a wrongful death lawsuit include:
Medical Expenses: The cost of medical treatment that the deceased received before their death, including hospital bills, surgery costs, and medication expenses. This compensation helps relieve the financial burden that often accompanies extensive medical care leading up to the death. It can include both immediate emergency care as well as any ongoing treatment that was necessary before the passing.
Funeral and Burial Costs: The expenses associated with the deceased's funeral and burial, including the cost of the casket, funeral service, and cemetery plot. These costs can be substantial and often add financial stress during an already difficult time. Recovering these expenses allows the family to focus on grieving rather than worrying about financial obligations.
Lost Wages: The income that the deceased would have earned had they lived, including future earnings, pension benefits, and other financial contributions they would have made to their family. This compensation is crucial for families who rely on the deceased's income for their daily living expenses. It accounts for the loss of financial stability and can include projected earnings over the deceased's expected lifetime.
Loss of Companionship: The emotional loss experienced by the surviving family members due to the death of their loved one, including the loss of love, guidance, and companionship. This type of compensation acknowledges the profound emotional impact of losing a loved one. It also covers the loss of support and affection that the deceased provided to their family members.
Pain and Suffering: Compensation for the physical and emotional pain and suffering that the deceased experienced before their death due to the wrongful actions of another. This considers the trauma and distress the deceased endured during their final moments. It also reflects the emotional toll taken on the family as they watched their loved one suffer.
Why You Should Act Quickly in a Wrongful Death Case
New York law imposes a strict time limit on filing a wrongful death lawsuit, known as the statute of limitations. In most cases, the personal representative has two years from the date of the deceased's death to file a wrongful death claim. If the lawsuit isn't filed within this time frame, the court may dismiss the case, and the surviving family members will lose their right to seek compensation.
It's crucial to act quickly if you believe that your loved one died due to someone else's wrongful actions. The legal process can be intricate, and gathering the necessary evidence to build a strong case takes time. As a personal injury attorney with decades of experience, I understand the legal system and work efficiently to file your case on time and with the best chance of success.
What It’s Like to Work With a Personal Injury Attorney
Filing a wrongful death lawsuit can be overwhelming, especially when dealing with the emotional aftermath of losing a loved one. Working with an experienced personal injury attorney can help ease the burden and guarantee that your case is handled with care and attention to detail. As someone who has dedicated their career to helping families in these situations, I understand the importance of providing personalized legal representation.
When you work with me, you're not just another case number. I personally review, manage, and control every aspect of your case, from gathering evidence to negotiating with insurance companies. My goal as a personal injury attorney is to position your case favorably, aiming for a settlement without the need for costly and time-consuming litigation. I know what factors insurance companies consider when evaluating wrongful death claims, and I use this knowledge to your advantage.
Speak to a Wrongful Death Attorney Today
Losing a loved one is never easy, especially when their death could have been prevented. If you believe that someone else's wrongful actions caused the death of your loved one, you may have the right to file a wrongful death lawsuit in New York.
By working with an experienced personal injury attorney, you can be confident that your case is handled professionally and that you have the best chance of receiving the compensation you deserve. Remember, the clock is ticking, and the sooner you take action, the better your chances of success.
If you're ready to seek justice for your loved one, don't hesitate to reach out to me at the Law Office of Steven R. Smith. I serve New York and Long Island, including clients from Hempstead, Westbury, Mineola, and New Hyde Park. I'm here to help you through this difficult time and fight for compensation for you and your family.