Losing a loved one due to someone else’s negligence is heartbreaking. While no lawsuit can bring them back, pursuing a wrongful death claim in New York can help families recover financial losses and hold the responsible party accountable. This process can be complicated, but understanding how it works can help families take the right steps.
Who Can File a Wrongful Death Lawsuit in New York?
In New York, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This person is usually named in the will or appointed by the court if there is no will. Even though the representative files the claim, any compensation is for the benefit of the deceased’s surviving family members, such as a spouse, children, or parents.
Proving Negligence
For a wrongful death lawsuit to be successful, it must be shown that the death was caused by someone else’s wrongful or careless actions. The person responsible must have had a legal duty to act responsibly and failed to do so. It also needs to be proven that this failure directly caused the death and resulted in financial or emotional harm to the family.
Negligence can take many forms, such as reckless driving, medical mistakes, unsafe working conditions, or defective products. Since proving fault is not always straightforward, gathering strong evidence—such as medical records, financial documents, and witness statements—is critical to building a strong case.
The Legal Process
Once negligence has been established, the next step is filing the lawsuit. This involves submitting a legal complaint to the court that explains what happened and why the family is seeking compensation. Wrongful death claims in New York must be filed within two years of the person’s death. If the deadline is missed, the family may lose the right to seek compensation.
Families can pursue compensation for a variety of losses, including medical bills, funeral expenses, lost income, and the emotional and financial impact of losing their loved one. New York law does not allow damages for the pain and suffering of the deceased, but it does allow families to recover financial losses caused by their passing.
Most wrongful death lawsuits are settled out of court. This means the insurance company or responsible party agrees to pay a certain amount to avoid going to trial. If a fair agreement cannot be reached, the case may go before a judge or jury, who will decide the outcome.
Why Legal Representation Is Essential
Wrongful death cases can be legally and emotionally difficult. Insurance companies often try to minimize payouts, and proving negligence requires strong legal arguments. An experienced attorney can handle the paperwork, gather the necessary evidence, and negotiate for fair compensation.
Gash & Associates, P.C., based in White Plains, New York, has extensive experience handling wrongful death cases. Our legal team understands what families are going through and we work to ensure they receive the compensation they deserve. For guidance and support during this difficult time, contact Gash & Associates, P.C. at (914) 328-8800.