Wrongful death cases can be emotionally challenging and legally complex. In New York, when a person dies and another party’s negligence or misconduct is to blame, the family or estate representatives may pursue a wrongful death claim to seek justice and compensation. However, not all wrongful death cases go to trial—many are settled outside of court.

When do wrongful death cases go to court? We will explore the circumstances under which a wrongful death case in New York may proceed to court, how the legal process works, and what factors influence whether a case goes to trial or is resolved through settlement in the following blog article. Knowing more about these elements can help families navigate the legal process during a difficult time and ensure their rights are protected.

For legal help, contact Brandon J. Broderick, Attorney at Law. Our team of New York wrongful death attorneys can assist you in starting the complex process of a wrongful death case.

Understanding Wrongful Death Claims in New York

What Constitutes a Wrongful Death in New York?

A wrongful death claim in New York arises when a person dies due to the negligence, wrongful act, or default of another person or entity. The New York Estates, Powers and Trusts Law (EPTL) outlines the specific criteria for these claims. To establish a wrongful death case, it must be proven that:

1. A death occurred.
2. The death was caused by the wrongful or negligent actions of another party.
3. The deceased individual would have been entitled to bring a personal injury claim if they had survived.
4. Surviving family members or dependents suffered financial losses as a result of the death.
5. A personal representative has been appointed to manage the estate of the deceased individual.

Wrongful death cases can arise from various situations, such as medical malpractice, car accidents, workplace incidents, and defective products. Depending on the circumstances, the case may either be settled outside of court or proceed to trial if a settlement cannot be reached.

When Does a Wrongful Death Case Go to Court?

In New York, most wrongful death cases are resolved through settlement negotiations between the parties involved. However, when settlement discussions fail, or if there is a dispute over liability or the amount of compensation, the case may go to court.

Some factors that could lead a wrongful death case to proceed to trial include:

1. Dispute Over Liability: If the parties cannot agree on who is at fault, a judge or jury may need to determine whether the defendant was negligent and responsible for the death.
2. Disagreement on Compensation: The amount of damages is often a point of contention. If the parties cannot come to an agreement on the appropriate amount of compensation for medical expenses, funeral costs, and lost future earnings, the case may need to go to trial.
3. Complexity of the Case: Cases involving multiple parties, complicated medical evidence, or other complex factors may require a judge or jury to evaluate the evidence and render a verdict.
4. Insurance Company Disputes: In some instances, the defendant’s insurance company may refuse to settle for a fair amount, prompting the plaintiffs to pursue the case in court.

For example, if a car accident causes the wrongful death and the insurance company disputes the extent of liability, the family or estate may choose to take the case to court to secure fair compensation.

How Does the Court Process Work for Wrongful Death Cases in New York?

Filing a Lawsuit

If a wrongful death claim cannot be settled, the personal representative of the deceased’s estate must file a lawsuit in a New York court. Under New York law, this lawsuit must be filed within two years of the date of death, according to the New York Statute of Limitations for Wrongful Death Claims. Filing outside of this timeframe generally results in dismissal of the case unless an exception applies.

Pre-Trial Proceedings

Before the case goes to trial, the involved parties undergo several legal procedures, including:

• Discovery: During this phase, both sides gather and exchange evidence, such as medical records, accident reports, witness statements, and expert testimony. Discovery is vital as it helps both sides assess the strength of their case.
• Motions: Either side may file motions to dismiss the case or exclude certain evidence. The judge will decide on these motions before the trial begins.

During this period, the parties may continue settlement discussions. Sometimes, evidence revealed during discovery can lead to renewed negotiations and an eventual settlement. However, if both sides remain at an impasse, the case proceeds to trial.

The Trial

At trial, the plaintiff's attorney presents evidence to prove that the defendant's actions directly caused the wrongful death and that the surviving family members have suffered damages as a result. Evidence may include medical expert testimony, eyewitness accounts, and documentation showing financial losses, such as the deceased’s earnings and the family’s future financial needs.

The defense may attempt to disprove liability or argue that the damages sought are not justified. Ultimately, a judge or jury will decide whether the defendant is liable for the wrongful death and, if so, the amount of compensation owed to the plaintiffs.

What Damages Can Be Awarded in a Wrongful Death Case in New York?

If a wrongful death case in New York goes to court and the plaintiff wins, the judge or jury may award several types of damages, including:

• Economic Damages: These include medical expenses, funeral and burial costs, lost wages, and loss of support and services that the deceased would have provided to their family.
• Non-Economic Damages: While New York does not allow recovery for emotional suffering or loss of companionship in wrongful death cases, it does compensate for the value of parental guidance and nurturing lost by surviving children.

For more information on what damages can be recovered in wrongful death cases, you can visit the New York State Unified Court System.

Call Brandon J. Broderick For Legal Help

Navigating New York wrongful death claims can be challenging. Fortunately, you don't need to do it alone. The experienced wrongful death lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.