The untimely loss of a loved one is heartbreaking. However, it can be even more devastating when the death results from the negligent conduct of someone else, as the loss could have been prevented. Although the emotional turmoil of such a loss is immeasurable, New York law allows eligible claimants to seek compensation for the financial losses they have incurred due to losing their loved one. If your loved one has lost their life due to the negligent or intentional act of another, it’s in your best interest to contact a compassionate Bronx Wrongful Death Lawyer who can help you navigate your legal options during this difficult time. Please continue reading to learn who is eligible to file a wrongful death claim in New York.
Which Relatives Can File a Wrongful Death Claim in New York?
While some states allow anyone who is deeply affected by a loss to file a wrongful death lawsuit, this is not the case in New York. Under New York law, only the personal representative, also called the executor of a deceased person’s estate, can file a wrongful death claim. This means that family members are not allowed to bring a wrongful death claim to court unless that family member is also the personal representative of the deceased person’s estate.
Similar to other claims, wrongful death lawsuits must be filed within a certain period in accordance with the statute of limitations. Personal representatives generally have two years from the date of the person’s death to file a wrongful death claim. Failure to meet the filing deadline will result in the absolute bar of recovery.
What Damages Are Available?
The personal representative will seek damages for the deceased person’s family. This means despite not being able to file a wrongful death claim, any damages that are awarded will be split among surviving family members. It’s important to note that New York doesn’t allow survivors to seek damages related to their pain and suffering, mental anguish, or loss of companionship, even if the deceased is a child. Instead, they focus on the financial impact of the loss. If you have lost a loved one and have a valid wrongful death claim, you may be entitled to:
- Compensation for medical bills related to the person’s final moments
- Funeral expenses
- Lost wages and other benefits lost by the death
- Conscious pain and suffering endured by the deceased in their final moments
- Lost inheritance for surviving children
- The value of support and services the deceased would have provided for the family
- The value of parental care and guidance to surviving children
- 9% interest on the recovery award (starting from the date of death)
If you have lost a loved one due to someone else’s negligent or wrongful act, please don’t hesitate to contact the trusted Bronx wrongful death lawyers at James Newman, P.C., who can help you get the justice you deserve.
