What is Wrongful Death?

When someone dies because of another person’s negligence, recklessness, or intentional actions, that may be considered a wrongful death. New York’s wrongful death law allows the deceased person’s estate, through an appointed representative, to receive compensation. . 

Wrongful death can happen due to things like medical malpractice, dangerous working conditions, motor vehicle accidents, or faulty products. In these situations, the family members of the person who died, such as their spouse, children, or parents, through an appointed personal representative may file a wrongful death claim. 

A wrongful death claim is a type of lawsuit where people can seek money to compensate for the financial and emotional losses they suffered because of their loved one’s death, including things like funeral costs, and lost income. 

This article will provide a comprehensive overview of what wrongful death means from a legal standpoint. We’ll explain specifically who can file a claim in New York, what types of damages you may recover, and how the legal process works.

The Purpose of Wrongful Death Claims

The loss of a loved one is a profound and life-altering tragedy. The grief, pain, and sense of emptiness can feel overwhelming, affecting every aspect of your life. When someone else’s negligence or wrongdoing caused that loss, it can add layers of anger, frustration, and a desperate search for justice to an already unbearable situation.

While nothing can undo the loss or fill the void left behind, filing a wrongful death claim can be an important step in the healing process. It’s a way to hold the responsible parties accountable, to say that your loved one’s life mattered, and that the responsible party cannot ignore their loss. It can secure the financial support your family needs to move forward in the face of such a monumental loss.

Granted, no legal action can erase the pain of losing a cherished family member. But pursuing a wrongful death claim can provide a sense of closure, accountability, and financial security to help you rebuild in the wake of an unimaginable tragedy. 

What Constitutes Wrongful Death?

In simple terms, the wrongful act, neglect, or default of another party causes a wrongful death.

Some everyday situations that may lead to a wrongful death claim include:

• Car, truck, or motorcycle accidents caused by negligent drivers 
• Medical malpractice, such as surgical errors or misdiagnosis
• Workplace accidents due to unsafe conditions or lack of training
• Defective or dangerous products

A wrongful death lawsuit must show that the responsible party acted negligently or intentionally, that their actions led to the death, and that surviving family members suffered damages as a result.

Who Can File a Wrongful Death Claim in New York?

In New York, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This is usually the executor named in the will or an administrator appointed by the court.

The personal representative essentially acts on behalf of the estate and any family members who may recover damages.

While the personal representative files the claim, any damages awarded are for the benefit of the deceased person’s distributees under New York’s inheritance laws.

The surviving spouse and children usually receive wrongful death compensation, or the parents or siblings if the deceased left no surviving spouse or children. Every situation is unique. 

What Damages Can Be Recovered?

A wrongful death claim seeks to recover monetary damages for the losses suffered by the deceased person’s estate and their surviving family members.

These damages may include:

• Medical and funeral expenses related to the death
• Lost wages and benefits the deceased would have earned if they had lived
• Value of support and services provided to family members, such as childcare 
• Loss of inheritance suffered by surviving children
• Conscious pain and suffering endured by the deceased due to the fatal injury (through a parallel “survival action”). 

In some cases, courts may also award punitive damages for a responsible party’s particularly egregious or intentional actions. Punitive damages punish the wrongdoer and deter similar conduct.

At the current time, New York law does not allow surviving family members to recover damages for their own pain and suffering, mental anguish, or loss of companionship in a wrongful death case. The focus is on the financial support the deceased would have provided. However, family members may file a separate claim for emotional distress if they witnessed the fatal incident.

How Long Do You Have to File a Claim?

Wrongful death claims in New York are subject to a statute of limitations, meaning you have a limited window of time to file. In most cases, the claim must be filed within two years of the date of death. If the claim is against a municipality, city, or county, a notice of claim may also need to be filed within 90 days. Every situation is unique; it is not possible to generalize, but an experienced attorney can examine the unique circumstances of a particular case. 

These deadlines are strict, and missing them can mean losing your right to recover damages entirely. That’s why it’s crucial to speak with an experienced wrongful death attorney as soon as possible.

Steps in a Wrongful Death Lawsuit

An experienced attorney can guide you through every step of the complex wrongful death claim process.

While no two case will ever follow the same path, here’s a general overview:

1. Investigation: An attorney canthoroughly investigate the circumstances of your loved one’s death, gather evidence, interview witnesses, and consult experts to build a strong case. 
2. Filing: The personal representative files a wrongful death lawsuit in civil court against the alleged at-fault parties. 
3. Discovery: Both sides exchange information and evidence. Anattorney may take depositions from the defendants and witnesses.
4. Negotiations: Many wrongful death cases settle out of court through negotiations between the attorneys. A lawyer can advocate for a fair settlement on your behalf.
5. Trial: If you cannot reach a settlement, the case may proceed to trial. An attorney will present evidence, question witnesses, and argue your case before a judge or jury, who will decide the outcome.

Proving a Wrongful Death Case

To prevail in a wrongful death lawsuit, your attorney must present evidence proving the following elements:

1. Duty of Care: The defendant had a duty to act with reasonable care to prevent harm to others.
2. Breach of Duty: The defendant breached that duty through negligent or wrongful actions.
3. Causation: The defendant’s actions were a proximate cause of your loved one’s death.
4. Damages: The death resulted in compensable damages to you and other surviving family members.

Evidence in a wrongful death case may include medical records, accident reports, witness testimony, expert analysis, and more. An experienced attorney will know the evidence needed to build a strong case.

Howa Wrongful Death Attorney Can Help You

Dealing with legal issues while grieving is incredibly difficult. An experienced wrongful death attorney can help to lift that burden, allowing you to focus on healing while they handle aspects of your case.

Here are some key reasons to hire an attorney:

• Knowledge of the Law: Wrongful death cases involve complex laws and procedural rules. An attorney will understand the applicable statutes and case law in-depth.
• Investigative Resources: Attorneys work with skilled investigators and experts to uncover critical evidence and strengthen your case.
• Valuation of Damages: An attorney can accurately assess the full value of your damages, ensuring you obtain maximumcompensation.
• Skilled Negotiation: Attorneys are trained negotiators who can advocate for a favorable settlement with insurance companies and defense counsel.
• Trial Experience: If needed, an attorney can skillfully present your case at trial and fight for a just verdict.
• Objectivity: It’s difficult to make rational decisions when you’re dealing with grief and anger. An attorney provides an objective perspective and gives you sound legal advice.

At William Mattar Law Offices, we’ve helped numerous families navigate the aftermath of a tragic loss. We treat every client with compassion while aggressively pursuing the compensation and justice they deserve. 

Choosing the Right Attorney for Your Wrongful Death Case

When selecting a wrongful death attorney, look for a firm with:

• Experience successfully handling wrongful death cases similar to yours
• A track record of significant settlements and verdicts
• Ample resources to devote to your case
• Attentive and accessible client service
• Contingency fee arrangements, so you pay no legal fees unless they win your case

William Mattar Law Offices offer free consultations to discuss your case and explain your legal options. 

Talk with a Wrongful Death Lawyer from William Mattar Law Offices Today

At William Mattar Law Offices, we understand that taking legal action while grieving can feel daunting, even impossible. You’re already dealing with so much; the thought of navigating complex legal matters may seem like more than you can handle. 

Our experienced and compassionate wrongful death attorneys are here to lift that burden from your shoulders, to handle every aspect of your case with skill and dedication so you can focus on honoring your loved one’s memory and beginning to heal.

While no amount of money can replace your loved one, a wrongful death claim can provide a measure of accountability and much-needed support for your family’s future. 

If you lost a family member due to someone else’s negligence, contact our experienced wrongful death attorney at (716) 444-4444 or through our online form to discuss your rights during a free consultation.