The sudden loss of a loved one due to someone else’s negligence is one of the most difficult experiences a family can endure. While no amount of money can ever replace the person you lost, a wrongful death claim can provide your family with the financial security needed to move forward. At Berkowitz & Weitz Law, P.C., our compassionate and experienced NYC wrongful death attorneys are dedicated to holding at-fault parties accountable and fighting for justice on your behalf. We handle the legal complexities so you can focus on healing.
What is Wrongful Death in New York?
In New York, a wrongful death occurs when a person dies as a result of the wrongful act, negligence, or default of another person or entity. A wrongful death lawsuit is a civil claim, not a criminal one. It seeks to recover damages for the financial losses and emotional suffering experienced by the surviving family members. These cases can arise from many different circumstances, including:
- Motor vehicle accidents
- Medical malpractice
- Workplace accidents
- Construction site falls
- Defective products
Who Can File a Wrongful Death Claim?
In New York, a wrongful death claim can only be filed by the personal representative of the deceased person’s estate. The personal representative, often appointed in the deceased’s will or by the court, acts on behalf of the surviving beneficiaries. The damages recovered from a wrongful death lawsuit are distributed to the deceased’s heirs, which typically include a spouse, children, and parents.
Recoverable Damages in a Wrongful Death Lawsuit
New York law is specific about the types of damages that can be recovered in a wrongful death lawsuit. Unlike many other states, New York focuses primarily on the economic losses caused by the death. We fight to recover compensation for:
- Pecuniary Loss: This includes the financial support the deceased would have provided to their family, such as lost wages, benefits, and inheritance.
- Medical Expenses: Costs for medical care and treatment related to the fatal injury.
- Funeral Expenses: The reasonable costs of burial and funeral services.
- Conscious Pain and Suffering: Damages for the pain and suffering the deceased experienced from the time of the injury until death.
New York Statute of Limitations
The statute of limitations for filing a wrongful death claim in New York is generally two years from the date of the person’s death. However, there are important exceptions. For example, if the death was caused by medical malpractice, the statute of limitations may be extended. Given these strict deadlines, it is crucial to consult with an attorney as soon as possible to ensure your claim is filed on time.
Losing a loved one is devastating, but you don’t have to face the legal battle alone. If your family has suffered a loss due to someone else’s negligence, contact our firm today. Our New York medical malpractice lawyers are ready to provide a free, compassionate consultation to help you understand your legal options.