Wrongful Death Claims: What Families Need to Know About Seeking Justice

No one deserves to lose a loved one before their time. The grief that families feel is only made worse when another person or entity’s negligence or misconduct caused—or could have prevented—the death. Fortunately, New York law provides a legal avenue for families to seek justice and recover compensation through a wrongful death claim.

What Qualifies as a Wrongful Death in New York?

New York law defines a “wrongful death” as one that results from a “wrongful act, neglect, or default.” If the person had survived the incident, they would have had legal grounds to file a personal injury lawsuit. This definition covers many common and tragic scenarios, including:

• Fatal car or truck crashes
• Medical malpractice
• Workplace accidents
• Defective or dangerous products
• Slip and fall injuries
• Construction site accidents

Who Can File a Wrongful Death Lawsuit in New York?

Unlike some other states, New York law limits who can file a wrongful death lawsuit. The only person legally permitted to bring the claim is the personal representative of the deceased person’s estate (often the executor or administrator). While surviving family members—such as the spouse, children, or parents—may receive compensation from a successful claim, they cannot initiate the lawsuit themselves unless they are also the estate’s representative.

What Damages Can Families Recover in New York Wrongful Death Claims?

New York’s wrongful death statute focuses solely on pecuniary (financial) losses. The law does not permit compensation for grief, emotional distress, or loss of companionship. However, the personal representative may pursue damages for:

• Funeral and burial expenses.
• Medical costs related to the final injury or illness.
• Lost wages and benefits the deceased would have earned.
• Loss of financial support and household services.
• Loss of parental care, guidance, and training (measurable economic value).
• Conscious pain and suffering experienced by the deceased before death (via a separate survival action).

It’s important to note that emotional pain and suffering of surviving family members—including mental anguish or loss of emotional companionship—are not compensable under current New York law, although there have been efforts to change this through legislation.

What Evidence Is Needed to Prove a Wrongful Death Claim?

To succeed in a wrongful death claim in New York, the estate’s personal representative must prove:

• The defendant owed the deceased a duty of care.
• The defendant breached that duty through negligence or wrongdoing.
• That breach directly caused the person’s death.
• The death resulted in measurable financial losses to the estate or family.

In addition to the wrongful death claim, New York law allows for a survival action that seeks damages for the deceased’s pain and suffering prior to death.

What Is the Time Limit for Filing a Wrongful Death Claim?

Generally, a wrongful death lawsuit in New York must be filed within two years of the date of the individual’s death. This time limit applies regardless of whether the underlying cause of death was medical malpractice, negligence, or intentional harm.

However, there are limited exceptions:

• Criminal Case Tolling: If the death is connected to a criminal case, the estate has one year from the end of the criminal proceeding to file the wrongful death claim.
• Minor Personal Representative: If the person who is supposed to file the lawsuit is a minor, the time limit may be paused until a legal guardian is appointed.

Contrary to some assumptions, the two-year time limit generally is not extended for surviving family members who are minors or in cases involving medical malpractice.

How Can a Skilled Wrongful Death Lawyer Help Your Family?

Wrongful death cases are emotionally and legally complex. A knowledgeable wrongful death attorney can help guide you through the process with care and precision. They can:

• Evaluate whether you have a valid wrongful death or survival claim.
• Handle all legal paperwork and court filings within the statute of limitations.
• Collect evidence and consult with experts to strengthen your case.
• Negotiate with insurance companies and opposing counsel.
• Represent your interests at trial if necessary.

Find Justice and Legal Support From the West Seneca Wrongful Death Lawyers at Dan Chiacchia Injury Attorneys

If you lost a loved one due to someone else's wrongful actions, trust the West Seneca wrongful death lawyers at Dan Chiacchia Injury Attorneys to give you the compassionate legal representation you need. Contact our Hamburg office at 716-648-3030 or fill out our online form for a free case review. We serve clients in the surrounding areas, including West Seneca, Orchard Park, Lackawanna, Cheektowaga, Erie County, and the rest of the county.