When a loved one dies as a result of the negligence or recklessness of another person, the emotional and agonizing experience of loss is compounded. You may feel anger and want those responsible for the death to be held accountable in order to prevent others from suffering the same fate. You may be struggling to determine how you and other survivors will support yourselves or make up for financial losses and expenses resulting from the death of your loved one. 

You may be a family member who has researched wrongful death lawsuits online and wishes to understand how they function. While nothing can make up for the loss of a loved one, a wrongful death lawsuit can seek financial compensation from a negligent party. You can get help filing a wrongful death claim in New York from a lawyer who specializes in such cases.

Every case is handled with care and concern at the law office of Brandon J. Broderick. You can trust that our New York wrongful death law firm will do whatever it takes to win your case and get you the money to which you and your family are entitled. Because of our honesty and genuine concern for our clients, we have become one of the best personal injury law firms in New York. While we work to ensure the best possible outcome, you can focus on your loved ones and healing.

Following this brief introduction, we will summarize the following points about wrongful death lawsuits in New York:

Brandon J. Broderick, New York Wrongful Death Attorneys, are Here For You 24/7

By your side.

Survivors of a loved one who dies in an accident or incident that never should have occurred frequently experience anger, frustration, and fear. The attorneys at Brandon J. Broderick, Attorney at Law, place a premium on communication, client care, and empathy when assisting clients in wrongful death cases. We will be right there with you every step of the way.

Professionals in both negotiation and litigation

Brandon J. Broderick, Attorney at Law, will build your case by gathering evidence, interviewing witnesses, and enlisting the help of experts in order to prove that the other party was negligent. Our legal team will handle all of the paperwork and negotiations with the liable party's insurance company and other parties so that you can focus on what is truly important to you during this trying time. In addition, if an agreement cannot be reached through negotiation, we will not hesitate to bring the case to court to win.

You have the right to monetary compensation for your loss.

You are entitled to compensation if a member of your family dies in an accident caused by negligence. As a result of your losses and mounting expenses, you may be experiencing severe financial strain. Avoid going it alone. Our compassionate wrongful death attorneys will seek the maximum compensation for your losses.

We provide free, confidential legal consultations in order to gain a better understanding of your situation and discuss your future legal options. If you decide to move forward, we will work on a contingency basis, which means we will only be paid if you receive a settlement. Many of our clients feel a sense of relief once they make that first phone call to us.

What Is Wrongful Death?

A wrongful death claim may be filed when a person is killed due to the negligence, recklessness, or violence of another person or entity. It is essential to remember that a lawsuit for wrongful death is a civil action and not a state-level criminal investigation. A single individual or entity can be the subject of both a criminal investigation and a civil claim for wrongful death. In a wrongful death case, the victim's family receives monetary compensation, whereas in a criminal case, the defendant may face jail time or probation.

There are a number of circumstances in which negligence can result in the death of an individual due to an accident or illness.

Typical situations in wrongful death lawsuits include the following:

The facts of each case will determine which party is responsible. A car accident, for instance, may result in legal action against the careless driver. One other outcome is that an employee loses their life due to the company's carelessness with regards to safety measures. This is just an example of possible outcomes. If a loved one was killed due to someone else's carelessness, you may be able to file a wrongful death claim.

Who Has The Right to File a Wrongful Death Claim in New York?

In many states, the spouse, children, siblings, parents, and other relatives of a deceased individual may file a wrongful death claim against the party responsible for their death. New York City operates in a unique manner.

In New York, only the personal representative of the deceased's estate is permitted to file such a claim. It is not always the spouse or a child who serves as the personal representative.

If the personal representative recovers compensation, they must place it in trust. When the estate is settled, the heirs and beneficiaries of the deceased can receive the funds.

How Do You Determine the Personal Representative of a Wrongful Death Victim?

The first place to look for the executor of a victim of wrongful death is in the victim's last will and testament. If the victim had prepared an estate plan, this individual should be designated in his or her will.

New York Wrongful Death Claims: Settlements and Compensation

Since New York law only permits the victim's personal representative to file a wrongful death claim, how do family members seek compensation for the loss of a loved one due to the negligence or neglect of another? If the claim for wrongful death is successful, the compensation is added to the victim's estate. The entirety of a deceased individual's assets are included in his or her estate. After the unlawful death award has been deposited with the victim's estate, it is distributed to the victim's family members according to the victim's will.

Despite the apparent simplicity of the concept, the distribution of unlawful death compensation to eligible family members can pose numerous obstacles. In many cases, estate plans do not include provisions for the distribution of unanticipated damage awards. If an estate plan is silent regarding the distribution of a particular asset, that asset may be distributed in accordance with the general provisions of the victim's will or according to New York's intestate succession laws. Furthermore, many people who suffer wrongful deaths are unable to set up an estate plan before they pass away. Creating an estate plan is something that a lot of people put off until much later in life. New York's intestate succession laws govern the distribution of an estate when a person dies without a will or with an incomplete will.

In the absence of a will, trust, or other estate planning documents, these statutes determine who is eligible to inherit an individual's estate assets. Determining which family members are eligible to inherit a portion of an intestate estate requires a complicated legal analysis. Despite this, many victims have estate plans that provide adequate direction. In such cases, the wrongful death award is distributed to the victim's designated family members during the administration of the estate.

What Exactly Is a Claim for Wrongful Death?

A wrongful death lawsuit provides compensation for 'economic' damages such as medical bills and funeral expenses, as well as 'non-economic' damages for intangible losses such as the loss of parental guidance in the event of a parent's death. Although no amount of money can ever make up for the loss of a spouse or loved one, the untimely death of a loved one can result in a substantial financial burden.

Damages that may be awarded in a New York lawsuit for wrongful death include:

  • Hospital and medical expenses related to accident
  • Funeral and burial expenses
  • Lost income and loss of deceased person’s expected lifetime income
  • Lost health and insurance benefits
  • Loss of love and companionship
  • Loss of consortium
  • Loss of parental guidance

If your loved one was the primary caregiver and did not work outside the home, a wrongful death claim will seek compensation for the loss of essential household services such as cleaning, child care, and other chores.

Wrongful Death at Work: Does Workers’ Compensation Provide Death Benefits in New York?

NY WCL §16 of the New York Workers' Compensation Law covers death benefits if a work-related injury causes death. The statute acknowledges that the loss of a loved one due to a workplace accident will result in a loss of family income. A fatality may be deemed work-related if it is the result of a specific injury or an occupational disease or condition. Workers' compensation programs are administered by the New York State Workers' Compensation Board.

The law of the state of New York permits the filing of death claims through the state's workers' compensation system by the surviving family members of all eligible workers. The surviving spouse, children, parents, or estate can file for the death benefit, which includes indemnity compensation benefits and funeral costs, according to a Workers' Compensation Board-established schedule.

§16 (4-b) of the New York Worker's Compensation Law provides a payment of $50,000 to the surviving parents of a legitimately employed worker, in addition to a maximum of $6,000 for funeral expenses. In the absence of surviving parents, payment is made to the decedent's estate.

In addition, in most instances, unmarried cohabiting partners without children are also eligible for spousal benefits.

How is the Amount of Death Benefits Calculated for Workers' Compensation?

The amount of workers' compensation death benefits is dependent on the deceased employee's average weekly wages from the previous year. Benefits are calculated based on the deceased worker's Average Weekly Wage (AWW) and do not cover their complete salary. For workers' compensation purposes, the AWW is the worker's previous year's total earnings divided by 52. In cases where the worker lacks a year's worth of prior wages, the State Workers' Compensation Board determines the benefit based on the wages of an industry-comparable worker.

Understanding how workers' compensation is calculated in the event of a death entails familiarity with the distribution of death benefits. Different beneficiaries are entitled to different amounts, depending on their relationship to the deceased and the existence of other possible beneficiaries.

In the event of a death, workers’ compensation is calculated as follows:

  • Spouses — The widow or widower of the deceased is ordinarily entitled to two-thirds of their spouse's lost wages, up to the statutory maximum, if there is solely a surviving spouse, no minor children, and no blind or disabled children. In most cases, a surviving spouse will receive benefits for life, unless they remarry. In the event of remarriage, the spouse receives two years of benefits in a lump sum under New York Worker's Compensation Law § 16(1-b), after which benefits terminate.
  • Children — If the deceased left minor children behind, they are also entitled to benefits. The two-thirds benefit rate is divided between the surviving spouse and all minor children if there are minor children in addition to the surviving spouse. In cases where there are multiple surviving children, the surviving spouse receives 36.667% of the weekly benefit rate, and the children share the remaining 30% equally. Surviving children will no longer receive benefits when they reach the age of 18 or 23 if they are full-time students enrolled in an accredited institution. New York Work Comp Law 16(2-a). Children who were dependent on the deceased at the time of the accident and who are entirely blind or permanently disabled are eligible for benefits at any age.

What if a third party or the employer were negligent in causing the death of your loved one at work? In some instances, it may be possible to file a wrongful death lawsuit against a third party, such as a general contractor, subcontractor, or manufacturer of negligent equipment. It is extremely difficult to file a wrongful death lawsuit against an employer, but in cases of egregious or systemic negligence, you may have a case. 

Contact a wrongful death lawyer to discuss your options if your loved one died in a work-related accident. Brandon J. Broderick specializes in both personal injury and workers' compensation and has the expertise to guide you through the process. Contact us immediately for a free consultation.

What are Punitive Damages in Wrongful Death Cases?

Punitive damages are usually only awarded in situations where the most careless and intentionally negligent behavior occurred. They are intended to prevent similar harm or injuries from happening to others in the future. It is the plaintiff's responsibility to establish that the defendant is accountable for punitive damages in the lawsuit. In order to receive punitive damages, you must provide "clear and convincing evidence" of either extreme recklessness or malice.

A claim for punitive damages may be made in the following situations:

  • Drunk or drugged driving
  • Intentional malice
  • Oppression
  • Fraud
  • Criminal acts or specific intent to cause harm

In New York, punitive damages are permitted. There is no state-specific limit on the total amount that can be awarded, but the United States Supreme Court's suggested cap on punitive damages is likely to apply here. In New York, punitive damage awards exceeding 10 times the amount of compensatory damages are likely to be deemed excessive and overturned.

Although punitive damages are lawful in New York, it is still highly unlikely for a claim to be successful. In the vast majority of personal injury and unlawful death lawsuits, punitive damages are not available. If you or a loved one believe you are entitled to punitive damages in a wrongful death case, it is best to consult with a New York wrongful death attorney who can help you determine the type of compensation to which you may be entitled.

How Do You Prove Wrongful Death?

In a criminal case, the prosecutor must establish guilt beyond a reasonable doubt, but this requirement does not exist when proving wrongful death. Claims for wrongful death are typically based on the legal concept of negligence and involve civil litigation. In order to establish liability for wrongful death, you must prove the following in your case:

Duty of Care. According to legal definitions, duty of care signifies the negligent party's obligation to take reasonable precautions to protect your loved one from harm. The responsibility of property owners, for example, is to keep their properties reasonably safe and risk-free by providing adequate building security and clearing the premises of hazards such as sharp concrete or slick, wet floors. When operating a motor vehicle, motorists are obligated to exercise reasonable caution and comply with the law. Patients are owed a duty of care by physicians, healthcare systems, and other medical personnel.

Breach of Duty. You must show that the negligent party breached the duty of care owed to the victim in order to establish this element of negligence. You must demonstrate that, given the defendant's circumstances and knowledge at the time, he or she would have been aware that someone could be injured or killed as a result of their actions. For example, drivers are aware that it is unsafe to operate a vehicle after consuming alcohol. In order to protect their customers and employees, business owners are aware (or should be aware) of the need to adhere to specific safety guidelines.

Causation. Simply put, you must show that the breach of the duty of care directly caused the victim's death. Using the same examples, a drunk driver got behind the wheel and fatally struck a pedestrian.

A Wrongful Death Case: What Happens?

Similar to a claim for personal injury, a claim for wrongful death begins well before the filing of a lawsuit. An attorney for wrongful death will initially review the available evidence, which may include medical records, police reports, witness statements, electronic evidence, and family interviews. In addition, your attorney may need additional time to build a case and collect or create additional evidence to support your claim.

After establishing the essential elements of a wrongful death case, a New York wrongful death attorney will send a demand letter in an attempt to recover damages. At this stage, the demand letter will ask for financial compensation in exchange for not filing a wrongful death lawsuit. The majority of cases involving wrongful death are settled out of court. The letter of demand may suffice to resolve the dispute.

If the responsible party refuses to comply with the demands, a lawsuit is filed. The defendant must then respond to the complaint or risk being found liable for failure to respond. Aside from this, the discovery process begins when the case enters into negotiations, which occur continuously as evidence is uncovered and the case's particulars become clear. If a settlement cannot be reached, the case will proceed to a civil trial before a judge or jury, who will decide whether the defendant is at fault and the amount of compensation to be awarded.

When Must a Wrongful Death Claim be Filed in New York? What is The State's Statute of Limitations?

In New York, the standard statute of limitations for all claims of unlawful death is two years. This regulation stipulates that the personal representative of the deceased party must file a lawsuit against the party at fault before the second anniversary of the decedent's death. However, if the person responsible for the death is facing criminal charges, the statute of limitations is extended to one year after the conclusion of the criminal case.

If personal representatives fail to meet this filing deadline, the decedent's estate may forfeit its right to compensation.

Some states suspend (or toll) this countdown if the personal representative is a minor at the time of the death of their loved one. New York does not perform this action. Instead, it anticipates that the minor's legal guardian will file the wrongful death claim on their behalf.

Frequently Asked Questions About New York Wrongful Death Lawsuits

Who receives the money in a wrongful death lawsuit?

In New York, the spouse, civil partner, and surviving children are eligible to receive a portion of a wrongful death settlement. The exact distribution is contingent on the number of survivors. Depending on which members of the victim's family survive, the spouse always receives a portion of the settlement, and the children may also receive a portion. It is important to note that a settlement from a wrongful death claim is not required to be distributed according to the deceased's will; however, settlement amounts related to a survivor claim do go to the deceased's estate and are distributed according to the will.

What type of crime is wrongful death in NY?

In a civil action for wrongful death, the deceased's family or estate sues the party they believe to be responsible for monetary compensation related to their loss. In contrast to a prosecution for murder or manslaughter, wrongful death is not a criminal offense. A defendant may be sued for wrongful death AND be subject to criminal prosecution.

How much does it cost to hire a NY wrongful death attorney?

In general, wrongful death law firms operate on a contingency fee basis, meaning they only collect a fee if the case or claim is successful and a settlement is awarded. The attorney fees are then subtracted from the total settlement amount. In many cases, wrongful death attorneys are able to secure settlements that are significantly higher than what the insurance company will offer if you do not have representation.

What if my loved one was killed while at work?

The New York workers' compensation system provides for death benefits in the event of a fatal workplace accident. Workers' compensation is a no-fault system, meaning that surviving family members can collect death benefits regardless of who caused the accident. However, some workplace accidents are caused by a faulty part, machine, or other scenario for which a third party (someone other than the employer) may be liable. Each case is unique, so it is in your best interest to consult with an experienced wrongful death attorney who can advise you on your legal options.

How long does it take in New York to settle a wrongful death case?

In cases where liability is unmistakable, wrongful death claims may be settled in as little as a few months. In situations where negligence is more difficult to establish or the potential for a large claim value exists, a wrongful death case may require a year or more to be resolved. Do not let the timeframe deter you from seeking justice and compensation for your loss.

Brandon J. Broderick, Attorney at Law: Peace of Mind for You, Justice for Your Loved One

At Brandon J. Broderick, Attorney at Law, we have decades of experience advocating for our clients and prevailing, even when other lawyers claim there is no case. We are one of the most highly regarded law firms in New York because of our empathetic client service and honest, straightforward approach. We fight for your best interests so you can focus on what really matters: your family.

We have assisted individuals in your position to recover from catastrophic events caused by someone else's negligence. Our wrongful death attorneys work on a contingency fee basis, which means that you pay nothing upfront and we are only compensated if you win. After a phone conversation with one of our wrongful death attorneys, many of our clients report feeling relieved. Get in touch with us now for a free consultation. We look forward to helping you in any way that we can.

We have numerous office locations in New York, including Albany, Binghamton, Brooklyn, Bronx, Buffalo, Elmira, Hempstead, Huntington, Islip, Middletown, Mount Vernon, New Rochelle, Newburgh, New York City, Queens, Riverhead, Rochester, Schenectady, Staten Island, Syracuse, White Plains, and Yonkers. Wherever you are in New York, our wrongful death attorneys will travel to you. Call us today at (877) 640-5611

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