Losing a loved one is an emotionally devastating experience, and when their death is caused by someone else’s negligence or misconduct, the pain can be even more unbearable. In such cases, a wrongful death lawsuit can provide some semblance of justice for the surviving family members. This article will delve into the process of […]
Losing a loved one is an emotionally devastating experience, and when their death is caused by someone else’s negligence or misconduct, the pain can be even more unbearable. In such cases, a wrongful death lawsuit can provide some semblance of justice for the surviving family members. This article will delve into the process of filing wrongful death lawsuits in New York, detailing the legal requirements, potential damages, and the steps involved in seeking justice for your loved one.
A wrongful death lawsuit is a civil action brought against a party whose negligence, recklessness, or intentional misconduct caused the death of another person. It aims to compensate the deceased’s surviving family members for their loss and ensure that the responsible party is held accountable for their actions. In New York, wrongful death claims are governed by the state’s wrongful death statute, which can be found under New York Estates, Powers, and Trusts Law (EPTL) § 5-4.1.
Under New York law, the personal representative of the deceased person’s estate is the only party eligible to file a wrongful death lawsuit. This individual is usually named in the deceased’s will or appointed by a court in the absence of a will. If the personal representative is successful in the lawsuit, the compensation recovered will be distributed among the deceased’s surviving family members.
To successfully pursue a wrongful death claim in New York, the plaintiff must establish the following elements:
New York has a statute of limitations that imposes a time limit on when a wrongful death lawsuit can be filed. Under EPTL § 5-4.1, a wrongful death claim must be filed within two years from the date of the deceased person’s death. If the claim is not filed within this time frame, the court may dismiss the case, and the surviving family members may lose their right to seek compensation.
Damages in a wrongful death lawsuit aim to compensate the deceased’s estate and surviving family members for the losses they’ve suffered due to the death. In New York, the following types of damages may be available:
Filing a wrongful death lawsuit in New York can be a complex and emotionally challenging process. To ensure the best possible outcome for your case, it’s essential to work with an experienced wrongful death attorney who can guide you through each step and fight for the justice your loved one deserves. While no amount of compensation can truly make up for the loss of a loved one, a successful wrongful death lawsuit can provide financial support for the surviving family members and help them begin the healing process.
If you lost a loved one in a serious accident, contact our firm for a free case review. Time is limited, so don’t hesitate to get in touch with our firm. Call Parker Waichman LLP at 1-800-YOUR-LAWYER (1-800-968-7529) to understand your rights and options. If qualified, our personal injury attorneys in New York will work hard to obtain the financial compensation you or your loved one deserves.