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Losing a loved one is challenging as it is. If you have lost a family member due to the negligence of another, you may be able to bring a wrongful death claim. Continue reading to learn more about New York’s laws and speak with one of our dedicated New York personal injury attorneys today.

What is a wrongful death claim in New York?

New York requires several criteria in order for an individual to be eligible to pursue a wrongful death claim. The requirements include that:

  • There was a death
  • The death happened as a result of another’s negligence
  • If the person had survived, the action against them would be illegal
  • The deceased left behind a family who has endured a financial loss as a result of the death
  • The grieving party may be entitled to compensation

Who is entitled to file for a wrongful death claim?

In various other states, any individual who has been tremendously affected by the loss of a loved one is able to bring a wrongful death claim. However, the state of New York is different. According to New York State law, the personal representative of the estate is the only one that is able to bring a lawsuit to court. It is important to understand that the individual’s representative will seek damages for the late person’s family on his or her behalf.

What type of compensation can be recovered after a wrongful death?

There are several different types of compensation that a grieving family can have recovered for them by the personal representative of the decedent. It is important to note that survivors are not allowed to recover damages related to their pain and suffering, mental anguish, or loss of companionship, even if the deceased is a child. But rather, New York focuses on the financial consequences of the loss. If you have lost a loved one and have a valid wrongful death claim, you may be entitled to the following types of damages:

  • Compensation for medical bills and health care costs related to the person’s final time
  • Funeral costs
  • Wage and other benefits lost by the death
  • Financial support related to the support and services provided by the deceased
  • Pain and suffering endured by the deceased in their final moments
  • Lost inheritance for surviving children
  • 9% interest on the recovery awarded, starting from the date of death

It is in your best interest to reach out to our firm today if you are in this unfortunate situation. Our dedicated legal team is committed to ensuring that our clients have the support they need to get through this challenging time.

Contact our Firm

If you have been injured in a New York City accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.


Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.


Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

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