Losing a family member is one of the most painful experiences anyone can go through. When that loss is caused by the negligence, recklessness, or wrongful conduct of another person or entity, the grief can be compounded by a profound sense of injustice. At Silver Law Group, we understand how difficult this time is, and we are committed to helping surviving family members pursue justice and accountability.
A wrongful death claim in New York is a civil action brought by the representatives of a deceased person's estate against the party or parties whose negligence or wrongful act caused the death. These claims are distinct from any criminal proceedings and are pursued to recover financial compensation for the losses suffered by surviving family members.
Common Causes of Wrongful Death
Wrongful death claims in New York can arise from a wide range of circumstances, including:
- Motor vehicle accidents
- Truck and commercial vehicle accidents
- Construction site accidents
- Medical malpractice
- Slip, trip, and fall accidents
- Defective products and product liability
- Workplace accidents
- Nursing home negligence
If your loved one died as a result of any of these circumstances, or any other situation involving someone else's negligence or wrongful conduct, you may have the right to file a wrongful death claim.
Who Can File a Wrongful Death Claim in New York?
Under New York law, a wrongful death action must be brought by the personal representative of the deceased person's estate. The damages recovered are then distributed to the surviving distributees — typically the spouse, children, or parents of the deceased — according to the law. An experienced wrongful death attorney can help the appropriate parties understand how the process works and what steps to take.
New York's wrongful death statute has a statute of limitations of two years from the date of death. It is important to speak with an attorney as soon as possible to ensure your rights are protected and evidence is preserved.
What Damages Are Available in a Wrongful Death Claim?
Damages in a New York wrongful death claim may include compensation for:
- Lost financial support and future earnings the deceased would have provided
- Medical and funeral expenses
- Loss of parental guidance, care, and nurturing for surviving children
- Conscious pain and suffering experienced by the deceased before death
- Loss of services and contributions to the household
Every case is different. The value of a wrongful death claim depends on the specific facts, the age and earning capacity of the deceased, the number of dependents, and other factors. Silver Law Group will work to fully evaluate your case and pursue maximum compensation on behalf of your family.
Your family deserves answers and accountability.
Let Silver Law Group handle your wrongful death case with the care, dedication, and determination your loved one deserves. Call today at 212-470-4544.