Rights of Survivors in a Wrongful Death Lawsuit in New York

Losing a loved one is devastating, especially when their death results from someone else's negligence or wrongdoing. In New York, survivors of wrongful death victims have specific legal rights to seek compensation for their loss through a wrongful death lawsuit. Understanding these rights can help you navigate this challenging process.

Who Can File a Wrongful Death Lawsuit?

In New York, the right to file a wrongful death lawsuit is typically reserved for the decedent's personal representative, who is usually named in the deceased's will or appointed by the court. This person can bring the lawsuit on behalf of the surviving family members, including the spouse, children, and sometimes, parents or siblings.

2. Types of Damages Available

Survivors may be entitled to various types of damages, including:

• Economic Damages: These cover financial losses such as funeral expenses, medical bills incurred before death, and loss of the deceased’s income and benefits.
• Non-Economic Damages: These include compensation for the emotional pain and suffering endured by the survivors due to the loss of their loved one, as well as the loss of companionship, support, and guidance.

3. Statute of Limitations

It's crucial to be aware of the statute of limitations for filing a wrongful death claim in New York. Generally, you must file the lawsuit within two years of the date of the decedent's death. Failing to do so may result in the dismissal of the case.

4. Burden of Proof

To succeed in a wrongful death lawsuit, the plaintiff must prove that the defendant's negligence or intentional act directly caused the decedent's death. This involves showing that the defendant owed a duty of care, breached that duty, and that the breach directly led to the fatality.

5. Legal Assistance

Navigating a wrongful death lawsuit can be complex and emotionally taxing. Consulting with an  experienced wrongful death attorney in New York can provide guidance, ensure that your legal rights are protected, and help you seek the compensation you deserve.

Understanding your rights as a survivor in a wrongful death lawsuit can make a significant difference in obtaining justice and financial relief during this difficult time.