July 17, 2024 
Losing a loved one in an accident is a tragedy but also can be a financial challenge for the surviving family members, especially if the death occurred as a result of the negligence or recklessness of another person.
In such tragic circumstances, the family of the deceased may have the right to pursue a wrongful death claim. Understanding the intricacies of wrongful death claims is pivotal in ensuring that justice is served and that families receive the compensation they deserve.
What Is A Wrongful Death Claim?
Wrongful death lawsuits let the direct family of a person killed in an accident be compensated for the financial damage they have suffered because of the loss of their loved one. For a person, company or other entity to be held accountable for someone’s wrongful death, they must have acted negligently or intended to fatally harm the injured individual.
To be eligible to get wrongful death, family members need to prove their loved one’s death occurred by the negligence or misconduct of the accused part. The family should also prove that they are facing financial problems because of the decedent’s death. Wrongful death lawsuits are brought in the name of the decedent’s estate, not the names of family members. This is why a personal representative of the estate should also be present.
Elements of a Wrongful Death Claim
A wrongful death claim in New York State is usually based on negligence or an intentional act to cause harm. For a wrongful death claim to be successful, specific elements must be proven:
- Duty of Care: The plaintiff must show that the defendant owed a duty of care to the deceased.
- Breach of Duty: It must be demonstrated that the defendant breached this duty of care.
- Causation: It must be proven that the breach of duty directly caused the deceased’s death.
- Damages: The plaintiff must show that they suffered quantifiable damages as a result of the death.
These elements must be proven through a preponderance of evidence, as the plaintiff in wrongful death claims carries the “burden of proof”.
Common Causes of Wrongful Death
Wrongful death can occur due to various reasons, but some of the most common causes include:
- Medical Malpractice: If a healthcare provider fails to provide the standard of care required, resulting in death, it could be grounds for a wrongful death claim.
- Car & Motorcycle Accidents: Negligent driving, DUI, or poor road conditions can lead to fatal accidents.
- Workplace Accidents: Employers who fail to adhere to safety regulations may be held liable for accidents at the workplace.
- Defective Products: Manufacturers can be held accountable if their products cause fatal injuries.
Who Can File a Wrongful Death Claim in New York?
According to New York Consolidated Law §4-1.1, a wrongful death lawsuit can only be filed by the deceased’s children, parents, spouse, or a representative of the estate.
Typically siblings and cousins of the deceased do not have a right to bring a wrongful death lawsuit in New York unless they have also been named as a guardian or personal representative.
Damages Awarded in Wrongful Death Claims
Damages that are awarded in wrongful death claims in New York depend on the facts that are demonstrated in court. The following are damages that you can get in New York wrongful death cases for losses such as:
Economic Damages
Economic damages include quantifiable financial losses, such as:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the deceased’s income
- Loss of inheritance
- Loss in parental guidance the deceased would have provided if they reached their anticipated life expectancy
- Value of services the deceased would have provided
Damages For Conscious Pain And Suffering
Under New York State’s current wrongful death laws, survivors who bring forth a wrongful death lawsuit are not eligible to recover non-economic damages including pain and suffering, loss of companionship, grief, or emotional trauma.
However, it is possible to recover damages for the conscious pain and suffering that the deceased experienced before their passing.
Statute of Limitations For Wrongful Death Claims
The deadline for filing wrongful death claims in New York is two years of the date of the deceased person’s death. After two years, you may lose your opportunity to file a wrongful death claim, unless your claim meets one of the requirements necessary to toll the statute of limitations.
New York does not stop the statute of limitations from running if the personal representative of the deceased person is a child or is legally incapable of filing the claim. In such circumstances, the wrongful death claim will be filed by the guardian of the child or incapable person.
Can You File A Wrongful Death Suit On Behalf Of Someone Who Was Partially At Fault?
New York State follows a comparative fault rule, which means that even if the descendant is found to have partially contributed to the accident that caused their death. New York follows a comparative negligence rule, which means that even if the deceased was partially responsible for their own death, you can still pursue a claim. However, the compensation awarded may be reduced proportionally based on the degree of fault assigned to the deceased.
For example, if it is determined that the deceased was 20% at fault and the defendant was 80% at fault, any damages awarded in the wrongful death claim would be reduced by the deceased’s percentage of fault. It’s advisable to consult with a lawyer who has experience in litigating wrongful death cases to understand how the comparative negligence rule may impact your specific situation and to help you navigate the legal process.
Contact Cellino Law
Losing a loved one is never easy, and dealing with the aftermath of that loss can be overwhelming. If you believe you have a wrongful death claim, the experienced attorneys at Cellino Law are here to help you navigate through this difficult time.
With over $2 Billion in settlements recovered for our clients, the attorneys at Cellino Law had the knowledge and experience necessary to help you successfully pursue a wrongful death claim.
Our team is committed to securing the best possible outcome for you and your family. For a free consultation and to discuss your case, contact Cellino Law today at 888-888-8888.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.