What You Need to Know About Wrongful Death Lawsuits in New York
By law, you have the right to file a wrongful death lawsuit against a defendant for negligent, criminal, or reckless actions that resulted in your loved one's death. Our firm has guided countless clients to successful settlements in wrongful death cases. We know you are going through a stressful time, and will tenaciously help you pursue justice from those responsible.
New York’s Statute of Limitations for Wrongful Death Claims
The statute of limitations is a time limit that protects defendants from the threat of a lawsuit years or decades after the incident occurred. In the state of New York, the statute of limitations for wrongful death claims is 2 years. This means you have 2 years from the date of your loved one’s death to file a claim. If you miss this time limit, your ability to pursue a settlement will be hindered.
Who May File a Wrongful Death Lawsuit in New York?
In the state of New York, only the personal representative of the decedent’s estate may file a wrongful death lawsuit. The personal representative must be appointed by the Surrogate’s Court. He or she will file the lawsuit on behalf of the decedent’s estate to allow the surviving family members, including the decedent's spouse, children, parents, siblings, cousins, and other named beneficiaries, to seek compensation for the loss of their loved one.
When filing the wrongful death claim, the personal representative will have to prove four things:
- The defendant acted negligently or recklessly
- The defendant’s actions directly caused the victim’s death
- There is a surviving spouse, children, dependents, or other beneficiaries of the decedent
- The survivor(s) have suffered financial damages as a result of the victim’s death
What Types of Compensation Are Awarded in New York Wrongful Death Lawsuits?
There are a variety of damages that surviving spouses, children, and other family members may receive in a wrongful death lawsuit in New York:
- Pain and suffering of the decedent
- Loss of earnings between the date of injury and death
- Funeral and burial expenses
- Medical expenses prior to death
Pursue Justice with the Help of Our Attorneys
Losing a loved one is never easy, especially when it is the result of someone else’s actions. At Koenigsberg & Associates Law Offices, we believe negligent or reckless individuals must be held accountable in court. From start to finish, our Brooklyn wrongful death lawyers will gather evidence to build your case and file the necessary documents in a timely manner.
Contact us today to discuss your situation with one of our caring legal advocates. We offer free consultations for your convenience.