Losing a loved one is one of life’s most difficult challenges, and when that loss is due to another party’s negligence, the emotional and financial toll can be overwhelming. In New York, the law provides a means for specific individuals to seek justice and compensation through a wrongful death lawsuit. A Suffolk County wrongful death lawyer at Carner & DeVita can help you understand who can sue for wrongful death in New York and the potential damages that can be recovered in such a claim.

who can sue for wrongful death in new york

Who can file a wrongful death lawsuit in New York?

According to New York’s Estates, Powers and Trusts Law (EPTL), the decedent’s personal representative is the only person who can bring a wrongful death claim in New York. If the decedent has a valid will, the executor in the will serves as the personal representative. If there’s no will, the court may appoint an administrator, typically a relative, to serve in this capacity.

Can family members of the deceased person file a wrongful death lawsuit in New York?

No, the only individual who can file a wrongful death suit in New York is the personal representative of the deceased’s estate.

Who can be named a defendant in a New York wrongful death case?

Potential defendants in a wrongful death lawsuit can include individuals, businesses, government agencies, or other entities whose actions or negligence contributed to the decedent’s death. This may include negligent drivers, healthcare providers, manufacturers of defective products, property owners, and others who have caused harm.

What damages can a personal representative collect in a wrongful death lawsuit?

In a New York wrongful death lawsuit, the damages that can be recovered can vary depending on the circumstances of the case and may include compensation for:

  • Medical costs incurred as a result of the decedent’s injury
  • Funeral and burial expenses
  • Loss of financial support, future earnings, benefits, and inheritance that the decedent would have provided to their family members
  • Loss of companionship for the surviving spouse
  • Loss of parental guidance and nurturing for surviving minor children
  • Pain and suffering experienced by the decedent before their death
  • Interest on the damages awarded from the date of the decedent’s death
  • Punitive damages if it can be proven the liable party acted with gross negligence or intentional misconduct

Who receives damages awarded in a New York wrongful death claim?

Damages awarded in a wrongful death lawsuit are typically distributed to the deceased’s surviving family members. This may include the decedent’s spouse, children, parents, or other individuals who were financially dependent on the deceased individual. New York EPTL specifies how damages are distributed among eligible family members.

How long do you have to file a wrongful death claim in New York?

You must file a wrongful death lawsuit within two years of the decedent’s death. If a liable party has a criminal case pending against them, you must file your claim within one year of the date that the criminal case ends. If you miss this statute of limitations, you may forfeit your right to file a claim and pursue damages.

How can a lawyer help with a New York wrongful death lawsuit?

An experienced wrongful death attorney in Suffolk County can investigate the circumstances surrounding the death, gather evidence to support the claim, navigate complex legal procedures, negotiate with insurance companies, and advocate for the rights of the decedent’s surviving family members.

If you’ve lost a loved one due to another party’s negligence, contact our team at Carner & DeVita at (631) 543-7070 to schedule a free consultation. A knowledgeable attorney will discuss the circumstances of your loved one’s death to determine if you’re eligible to file a wrongful death lawsuit and the potential value of your case.