Losing anyone that is close to you can be devastating, especially a loved one or family member. It was due to someone else's negligence and could've been avoided, their death may even be more tragic. In such a circumstance, you may be able to file a wrongful death lawsuit to hold another party accountable to seek damages. But, who files the lawsuit? Who has the right to sue? What are the steps? We will answer these questions and more in the following article.

As a result of your loved one's passing, you could be feeling many emotions, from anger to extreme grief. Worrying about finances, especially if they were the family's primary breadwinner, will be the last thing you will want to deal with. The thought of legal action could also be overwhelming, but receiving financial compensation may help you recover and ease your financial burdens while you grieve.

This is why it's important to retain a wrongful death lawyer in New York, such as Brandon J. Broderick, Attorney at Law, who can guide you and your family through the process of filing a claim and taking care of you when you need it the most.

Who Can File A Wrongful Death Claim In New York?

Surviving family members have the option to file wrongful death cases in most states. Generally, the surviving spouse and their children will typically file a lawsuit to seek damages from the liable party.

Litigation in wrongful death lawsuits is a little different in New York. The estate's executor has the right to file a wrongful death lawsuit. The deceased person's Last Will and Testament will usually name this person as their personal representative. However, in the absence of a will, a relative may ask the court to appoint them as the personal representative.

Damages in a Wrongful Death Case in New York?

In a wrongful death case in New York, the family of the deceased can seek compensation for various losses. These include:

• Medical costs
• Lost wages and future earnings
• Pain and suffering
• Loss of consortium
• Funeral expenses
• Loss of inheritance

Punitive damages may also be awarded by a jury to "punish" the defendant for their conduct if they were committed with malicious intent or gross negligence, leading to the death of your loved one.

While the estate files the personal injury claim, the heirs and beneficiaries of the deceased receive any settlement. Until the estate settlement is concluded, the funds are kept in an escrow account.

Wrongful Death Claim Deadline

For civil cases seeking damages, the New York statute of limitations sets a deadline for filing. A wrongful death claim in New York must be filed within two years after the person's death. You lose your chance to file a wrongful death claim and pursue compensation if you miss the deadline for doing so.

There are exceptions, therefore before giving up if the deadline has passed, consult with an experienced lawyer about your case.

Factors That Impact Who Receives Compensation 

In wrongful death cases, New York law gives spouses and children priority. Who can collect and situations that may give rise to wrongful death lawsuits are illustrated below. A New York personal injury attorney can explain to family members their claim for compensation. Did the deceased personal have:

• Spouse and children: Both the spouse and children are eligible for compensation.
• Spouse with no children: The spouse is eligible for compensation.
• No spouse or children: The parents are eligible for compensation.
• No spouse, children or parents: The siblings are eligible for compensation.
• No spouse, children, parents or siblings: The grandparents eligible for compensation.

Evidence in a Wrongful Death Case

If you a family member of the deceased, you and your attorney will need to provide proof that:

• If the victim had lived, they would have been able to file a claim for the negligent act.
• The victim's surviving relatives, offspring, or dependents exist.
• The victim's passing has resulted in monetary losses.

Consult with Brandon J. Broderick, Attorney at Law

You should consult an attorney about your case if you're thinking of filing a wrongful death claim for a loved one. At the office of Brandon J. Broderick, we make it our mission to treat every client with the utmost respect and care while we handle their case. You can rely on us to obtain the justice you and your loved ones deserve.

To get the help you deserve, contact us today to schedule a free consultation.