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Understanding Wrongful Death Claims in New York

Losing a loved one is always a devastating experience, but it can be even more heartbreaking when their death is caused by someone else’s negligence or wrongful act. In such cases, certain family members may be entitled to file a wrongful death claim to seek compensation for their losses. In this blog post, we’ll discuss who can file a wrongful death claim in New York and what you need to know about the process.

Understanding NY Wrongful Death Claims

What is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought by the surviving family members of a person who died due to the negligent, reckless, or intentional actions of another party. The purpose of a wrongful death claim is to seek financial compensation for the losses suffered by the deceased person’s family, such as funeral expenses, lost income, and the loss of companionship and support.

Who Can File a Wrongful Death Claim in New York?

In New York, the personal representative of the deceased person’s estate is the only party who can file a wrongful death claim. The personal representative is typically named in the deceased person’s will or appointed by the court if there is no will. This person is usually a close family member, such as a spouse, adult child, or parent.

While the personal representative is the one who files the claim, any damages awarded are distributed to the deceased person’s surviving family members who have suffered losses as a result of the death. These family members may include:

  • Spouse
  • Children
  • Parents
  • Siblings

Other blood relatives who were financially dependent on the deceased person

It’s important to note that if the deceased person is a child, their parents can file a wrongful death claim on their behalf, even if they are not the personal representative of the estate.

Proving a Wrongful Death Claim

To successfully file a wrongful death claim in New York, the personal representative must prove the following elements:

The death was caused by the negligent, reckless, or intentional actions of another party

The surviving family members have suffered financial losses as a result of the death

The deceased person would have been entitled to file a personal injury claim if they had survived

Examples of situations that may give rise to a wrongful death claim include:

  • Car accidents caused by negligent or reckless driving
  • Medical malpractice
  • Defective products
  • Workplace accidents
  • Criminal acts, such as assault or murder

Time Limits for Filing a Wrongful Death Claim in New York

In New York, there is a time limit for filing a wrongful death claim, known as the statute of limitations. The personal representative of the deceased person’s estate must file the claim within two years of the date of death. If the claim is not filed within this time period, the family may be barred from seeking compensation.

Seeking Legal Help

If you have lost a loved one due to someone else’s negligence or wrongful act, it’s important to seek legal help as soon as possible. An experienced wrongful death attorney can help you navigate the complex legal process and ensure that your rights are protected. They can also help you gather evidence, negotiate with insurance companies, and fight for the compensation you and your family deserve.

At Omni Injury and Accident Law, P.C., our compassionate and knowledgeable attorneys are here to help you through this difficult time. We understand the pain and grief that comes with losing a loved one, and we are committed to helping you seek justice and closure. Contact us today for a free consultation to discuss your case and learn more about your legal options. You can also give our office a call at 646-736-4184 to speak with one of our attorneys.

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