The passing of a loved one can be even more difficult to deal with if someone else’s negligence caused their death. Once the initial grief subsides, family members may wonder how to file a wrongful death lawsuit and who will receive the money if the case is successful. Settlements for a wrongful death suit are distributed based on specific laws in each state.
Who Can File a Wrongful Death Claim in New York?
According to New York State law, only a “personal representative” of the deceased person’s estate can file a wrongful death claim. Individuals that fall into this category include the spouse, children, or parents of the decedent. To file a wrongful death lawsuit, the personal representative must provide proof of:
- The person’s death
- Cause of death by another’s wrongful conduct or negligence
- Recoverable damages
- Cause for a lawsuit that the decedent would have pursued if they hadn’t died
- Survivors that suffered a loss because of the death
Unlike most other states, New York does not let family members file a wrongful death suit unless they are also the personal representative of the deceased’s estate. Also, the statute of limitations for wrongful death claims in New York is two years from the date of the person’s death.
Damages Awarded in Wrongful Death Settlements
There are several types of compensation people can pursue in a wrongful death case in New York. Although settlement awards depend on the evidence provided in court, some recoverable damages include:
- Funeral and burial expenses
- Lost wages and benefits caused by the decedent’s injury and untimely death
- Lost inheritance for surviving children
- Medical and health expenses related to deceased’s injuries or illness
Hire a Reliable, Compassionate Lawyer
Personal injury attorneys play a critical role in helping people navigate the legal system so that they can receive appropriate financial compensation for a loved one’s wrongful death. At Leav & Steinberg LLP, we understand how difficult the grieving process can be after a loved one passes away. Our compassionate team of lawyers has years of experience with wrongful death lawsuits and is determined to help you secure a fair settlement. If you live in New York or other parts of the tri-state area, request a free consultation by calling us at 212-766-5222 today.