When a loved one’s life is cut short by negligence, families are left with grief, unanswered questions, and sudden financial stress. In these moments, many ask: Can I file a wrongful death lawsuit in New York? The answer depends on New York’s specific laws, which strictly define who has the right to bring a claim.
At Cellino Law, our wrongful death attorneys have guided countless New York families through this complex process. We not only clarify who can file, but we also handle the legal fight so you can focus on what matters most, your healing and your family.
When Can You File a Wrongful Death Lawsuit in New York?
A wrongful death lawsuit may be filed when a person dies as the result of another party’s negligence, recklessness, or intentional act. Common causes include:
- Fatal car, truck, or motorcycle accidents
- Medical malpractice or nursing home neglect
- Construction site accidents
- Defective products or unsafe premises
Filing a lawsuit serves two purposes:
- Accountability: It holds the responsible party legally and financially liable.
- Compensation: It provides financial recovery for medical costs, funeral expenses, lost income, and the devastating loss of guidance and support.
Because evidence can fade and deadlines apply, families should consult a New York wrongful death lawyer as soon as possible.
Who Has the Right to File a Wrongful Death Claim in New York?
Unlike some states, New York does not allow just any surviving family member to file a wrongful death lawsuit. Instead, the law is clear:
- Only the personal representative (sometimes called the “executor”) of the deceased person’s estate has the legal authority to bring the claim.
- This representative may have been named in the decedent’s will or, if there is no will, appointed by the court.
The personal representative files the claim on behalf of the surviving family members who suffered losses. Compensation is then distributed to eligible survivors.
Which Family Members Can Benefit From a Wrongful Death Claim?
Even though only the estate’s personal representative files the lawsuit, the following family members may receive compensation from a successful claim:
- Spouses: For the loss of companionship, financial support, and household services.
- Children: For the loss of parental guidance, support, and inheritance.
- Parents: When a minor or dependent adult child dies.
- Other Dependents: In some cases, those who relied on the deceased for financial support may also qualify.
This structure ensures fairness and consistency in how damages are awarded. At Cellino Law, we work closely with families to make sure all eligible beneficiaries are recognized and properly compensated.
Statute of Limitations in New York Wrongful Death Cases
New York law sets a strict two-year statute of limitations from the date of death to file a wrongful death claim. If the lawsuit is not filed within this time frame, families may lose the right to recover damages entirely.
There are limited exceptions, for example, if the death resulted from medical malpractice or criminal conduct, but these situations are highly fact-specific. Having an experienced wrongful death attorney ensures you don’t miss critical deadlines.
Why You Need a Lawyer to File a Wrongful Death Claim
Wrongful death lawsuits are among the most complex personal injury cases in New York. They involve not only strict procedural rules but also significant financial stakes. At Cellino Law, our attorneys provide:
- Estate and Probate Guidance: Helping families through the legal steps of appointing a personal representative.
- Evidence Collection: Working with investigators, medical experts, and financial specialists to build a compelling case.
- Aggressive Negotiation: Challenging insurance companies that try to minimize payouts.
- Courtroom Strength: Taking cases to trial when fair settlements aren’t offered.
Our goal is simple: to protect your family’s rights and secure the compensation you deserve after an unimaginable loss.
Local Resources for Families Considering a Wrongful Death Claim
Families navigating wrongful death cases in New York may find these resources helpful:
- New York State Unified Court System – Surrogate’s Court – handles estate matters and appoints personal representatives.
- New York City Office of the Chief Medical Examiner – provides autopsy and cause-of-death reports that may be critical evidence.
- New York State Bar Association – Grief Resources – offers support for families managing loss and legal needs.
Contact Cellino Law Today
If you’ve lost a loved one in a preventable accident, knowing who can file a wrongful death claim in New York is the first step toward justice. At Cellino Law, we handle the legal burdens, fight for full compensation, and provide guidance every step of the way.
Call Cellino Law today for a free consultation. With offices across New York and Connecticut, our attorneys are ready to stand by your family and demand justice for your loved one.