Wrongful death arises from many causes, such as car, truck, or motorcycle accidents, defective products, medical malpractice, or slip and falls. When an injured victim passes away as a result of another party’s negligence, their surviving family members inevitably need time to grieve and adjust to their loss. However, contacting an attorney as soon as possible is wise.
The attorneys at Manhattan’s Friedman, Levy, Goldfarb & Green understand the emotional and financial strain that the victim’s family will suffer when negligence causes the death of a beloved family member. We counsel families through their bereavement and aggressively pursue negligent parties on their behalf to recover the economic and punitive damages that are due to them to help them recover from a grievous loss. Schedule a free consultation today.
What is Wrongful Death Suit?
A wrongful death suit is a civil, not criminal, action taken when a person’s death is due to the negligence or intentional wrongdoing of another party. Unlike personal injury lawsuits, a wrongful death case arises because the injured person is no longer able to bring the claim to court; instead, another party must bring it on the decedent’s behalf. It is a way for the deceased’s family or estate to recover compensation for their losses and damages.
Common Causes of Wrongful Death
A wrongful death claim can arise can include but is not limited to the following:
- Medical malpractice: When a healthcare provider’s mistake leads to a patient’s death, it falls under medical malpractice. Examples include an error in treatment, a missed diagnosis, or surgical blunders. These cases focus on whether the healthcare provider’s actions fell short of the standard of care expected in the medical field.
- Automobile accidents: Car accidents are a leading cause of wrongful death cases, often caused by reckless, impaired, or distracted driving.
- Work-related or construction accidents: Workplace fatalities can occur due to unsafe conditions or a lack of proper safety measures, such as falls from scaffolding, accidents caused by defective machinery, or exposure to harmful substances.
- Defective products: Medications, toys, strollers, household items, or car parts can cause serious injuries or even death. Legal action in these situations targets the manufacturers or distributors for failing to ensure their products are safe.
- Slip and Falls: Slip and fall accidents can also lead to wrongful death, particularly in cases involving the elderly or those with pre-existing conditions. These accidents can occur in public spaces, private properties, or workplaces with hazards such as wet floors, uneven surfaces, or poor lighting.
Who Can Sue For Wrongful Death In New York?
Under New York law, only the personal representative of the decedent’s estate (often called the “executor”) is authorized to initiate a wrongful death lawsuit, explicitly stated under New York Estates, Powers, and Trusts Law (EPTL) § 5-4.1. The representative brings the claim on behalf of certain surviving family members, which typically include:
- The decedent’s spouse
- The decedent’s parents
- The decedent’s children
If there is no surviving spouse, parent, or child, another blood relative, such as a sibling, may potentially be eligible to recover compensation from a wrongful death claim. However, it’s important to note that only the appointed personal representative has the legal authority to file the lawsuit, regardless of their relationship to the deceased.
Potential Damages in a Wrongful Death Claim
No amount of money can truly make up for the pain of losing a loved one. However, the damages available in a wrongful death claim are meant to afford a sense of closure and ease the immediate and long-term burdens of the family.
Damages in a wrongful death claim may include the following:
- Medical Costs: Covers the bills for medical care your loved one received before they passed away.
- Lost income and future lost income: Compensation for the wages and benefits your loved one would have earned.
- The value of support and services the deceased would have provided to the family, such as parental nurturing, care, and guidance, as well as the surviving children’s lost inheritance.
- Funeral and Burial Expenses: Reimbursement for the costs of a funeral, burial, or cremation.
- Pain and Suffering: While family members cannot recover for their own grief or emotional suffering, New York law does allow for compensation for the pain and suffering experienced by the decedent before their death.
A skilled New York wrongful death lawyer is an invaluable ally in this process. They will ensure that every potential form of compensation is carefully identified, calculated, and pursued.
Wrongful Death Statute of Limitations in New York
Every state has a statute of limitations specifying the time period you can bring a wrongful death claim. In New York, this period is generally two years from the date of the death. If you do not file within this period, you may lose your right to pursue legal action.
There are some exceptions to this rule. For example, the statute of limitations for wrongful death due to medical malpractice is 2.5 years. We recommend consulting with our attorneys to ensure you understand and meet all applicable deadlines.
How Long Do Wrongful Death Cases Take?
The duration of a wrongful death case in New York can vary significantly based on several key factors, such as the complexity of the case, the amount of evidence required, and whether the case is settled or goes to trial.
For example, some cases might be resolved within a few months, especially if resolved out of court during settlement negotiations. Others, however, can take years, particularly if the defendant denies liability or it proceeds to trial. An experienced wrongful death attorney will strive to move your case forward as efficiently as possible.
Who Pays in a Wrongful Death Suit?
In most cases, the at-fault party’s insurance company pays for damages. The defendant might be an impaired driver, physician, property owner, or a larger entity like a company or manufacturer. For instance, the doctor’s insurance would pay for damages in medical malpractice cases. In other situations, more than one party could be held responsible, meaning compensation might come from multiple sources.
New York Grieving Families Act
Senate Bill S74A, also known as the “Grieving Families Act” (GFA), would expand compensable damages in wrongful death actions. The GFA seeks to amend Paragraph (a) of Section 5-4.3 of the Estates, Powers, and Trusts Law.
Here is what the proposed changes would entail:
- Expanded Compensation: The GFA would broaden the types of damages families can claim, encompassing the grief and anguish of the surviving family that goes beyond what current laws cover.
- Broadened Eligibility: If the decedent is an adult without children or a spouse, extended family members, such as a grandparent, will be allowed to pursue monetary damages.
- Enhanced Support for Families: The GFA would offer more comprehensive financial and emotional support, especially to those who were not the primary breadwinners with a “disproportionately negative impact on people of color, women, children, seniors and New Yorkers with disabilities.”
Schedule a Free Consultation for a New York Wrongful Death Case
If you have experienced the tragic loss of a loved one due to the negligence or wrongful action of another party in New York City—whether in Manhattan, The Bronx, Brooklyn, Queens, Staten Island, Long Island, or beyond to Westchester County, Rockland County, or the Hudson Valley—you need a fierce advocate who truly understands the weight of your grief and the complexity of wrongful death laws.
Contact Friedman, Levy, Goldfarb, Green & Bagley, P.C. today to arrange a free, no-obligation consultation with a skilled and compassionate New York personal injury lawyer. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
