Wrongful Death

Wrongful Death Attorneys: Fighting for Justice in New York

Wrongful death occurs when someone’s negligent or intentional actions cause the death of another person. Whether caused by a direct action or by a failure to act (such as neglect), wrongful death is considered a civil matter, not a criminal one. Because the deceased person (decedent) cannot file a lawsuit or seek damages, their family members or estate representatives are the ones who typically file a claim. The goal is to provide compensation to the surviving family members for both the financial and emotional hardships resulting from their loved one’s death.

Proving Liability in a Wrongful Death Case

In order to hold a defendant accountable for wrongful death, it must be proven that the defendant’s conduct directly caused the decedent’s death. A successful claim must establish that the death would not have occurred without the defendant’s actions or neglect. Importantly, the time between the defendant’s action and the death is not an issue as long as the death can be linked directly to the defendant’s actions.

If the decedent is found to be partially responsible for their own death (through comparative or contributory negligence), damages may be reduced based on their level of responsibility. Additionally, if the decedent’s failure to seek appropriate medical treatment contributed to their death, the ability to file a wrongful death claim may be eliminated or reduced.

Who Can File a Wrongful Death Claim?

The criteria for who may file a wrongful death suit vary from state to state. Generally, the following must be established:

Wrongful Act

The death must have been caused by someone else's wrongful act.

Potential Damages

The decedent would have been entitled to damages had they survived the incident.

Monetary Loss

The death resulted in actual financial loss to the surviving family members.

Once these conditions are met, a wrongful death claim can typically be pursued.

Types of Damages in a Wrongful Death Case

Damages in wrongful death cases are designed to compensate the family for their losses, and they can be calculated in several ways. The most common forms of damages include:

Medical and Funeral Expenses: These are the direct costs associated with the death, including medical bills, funeral costs, and burial expenses.
Loss of Future Earnings and Benefits: If the decedent was a primary wage earner, damages may include an estimation of the income and benefits the decedent would have earned over their lifetime.
Loss of Companionship: While hard to quantify, the emotional loss of the decedent to surviving family members is a significant factor in calculating damages. This includes the loss of love, affection, and support that the decedent would have provided.
Punitive Damages: These damages are designed to punish the defendant for particularly reckless or intentional acts. They are not intended to compensate for any loss but rather to serve as a deterrent for future wrongful actions. Punitive damages are typically awarded in cases involving gross negligence or intentional harm.

The Challenges in Calculating Damages

While some damages, like medical and funeral expenses, are straightforward, others, such as the loss of companionship or future earnings, are more complex and subjective. Calculating these losses often requires expert testimony to project future earnings and the value of emotional support lost to the family members. In cases involving punitive damages, the court considers the nature of the defendant’s conduct.

How Long Do You Have to File a Wrongful Death Claim in New York?

In New York, the statute of limitations for filing a wrongful death claim is two years from the date of death. This means the family has a limited window to initiate legal action. It’s crucial to contact a wrongful death attorney as soon as possible to ensure that your case is filed within the required time frame and that you gather the necessary evidence for a successful claim.

Speak with a New York Wrongful Death Attorney Today

If you have lost a loved one due to another party’s negligence or wrongful actions, you may be entitled to compensation. At Held & Hines LLP, our experienced attorneys are here to guide you through the legal process and help you recover the damages you deserve. We understand the emotional toll of such a loss and are committed to securing justice for you and your family.

Wrongful Death Claims in New York

What is a wrongful death lawsuit?

A wrongful death lawsuit is a legal claim filed when someone dies due to the negligence or intentional actions of another party. It allows surviving family members to seek compensation for the financial and emotional losses they’ve suffered as a result of the death.

Who can file a wrongful death claim in New York?

In New York, the executor or administrator of the decedent’s estate can file a wrongful death lawsuit on behalf of the surviving family members.

What damages can I recover in a wrongful death case?

You may recover damages for medical expenses, funeral costs, loss of future earnings, loss of companionship, and punitive damages in some cases.

What is the statute of limitations for wrongful death cases in New York?

In New York, you must file a wrongful death claim within two years of the date of death. If you miss this deadline, you may lose your right to pursue the claim.

What is the difference between wrongful death and a criminal case?

A wrongful death claim is a civil lawsuit, while criminal cases are prosecuted by the state. A criminal case focuses on punishing the defendant for illegal conduct, while a wrongful death claim seeks financial compensation for the family.

Contact Held & Hines LLP for Your Free Consultation

If you’ve lost a loved one due to the negligence or wrongful act of another, contact Held & Hines LLP today. Our wrongful death attorneys are here to provide the legal support you need during this difficult time. Call now for a free consultation to discuss your case.

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