Losing a loved one is emotionally unbearable, especially when their death could have been prevented if the guilty party’s had acted differently. Unfortunately, due to the negligent or intentional wrongful actions of a person or entity, a person could have their life wrongfully taken away too soon. Wrongful death occurs when a person dies due to the wrongful actions of another. Additionally, if the person was still alive today they would have been lawfully entitled to file a personal injury lawsuit due to their illness or injury that was caused by another person’s wrongful actions. If you have lost a loved one due to another person’s negligence, please don’t hesitate to contact one of our compassionate New York City Wrongful Death Attorney who can guide you through this complex legal process.
Who is eligible to file a wrongful death claim in New York City?
Wrongful death claims are extremely complex. Each state has different eligibility restrictions in regards to who can file a wrongful death claim after a person has died due to the wrongful acts of another person. In most states, the only eligible parties are the decedent’s spouse, child, or parents. If they do not leave any of the following behind, any blood or by marriage kinsfolk who significantly depended on the decedent can file on their behalf. However, in New York, the decedent’s appointed personal representative also known as the executor of the decedent’s estate is the only eligible party who can file a wrongful death claim on the deceased person’s behalf. When an individual creates a will, they will appoint an executor to carry out what they dictate in their will. If the decedent did not establish a will and appoint an executor, the court will do so. The only party who can seek damages on behalf of the deceased in a wrongful death lawsuit is a personal representative. In New York, personal representatives have two years from the date of the person’s death to file a claim.
To be awarded monetary compensation for the deceased’s damages, personal representatives must link the cause of death to the wrongful actions of another person or corporation. However, personal representatives are restricted to what types of damages they can recover in this type of case. New York primarily focuses on the “out-of-pocket” losses surviving family are faced with due to the loss of their loved one. They may be entitled to recover compensation for medical expenses, funeral expenses, lost wages, pain and suffering, and other important financial losses. Depending on the circumstances of the case, personal representatives may be entitled to recover certain types of damages for the loss of their loved one.
In the unfortunate event that you have lost a loved one due to the wrongful acts of another person or corporation, reach out to one of our skilled and determined team members who can help you seek justice for your loved one that was taken away in an unfathomable manner. We are dedicated to helping our clients seek damages on behalf of their loved one.