When someone dies due to another person's negligence, their family or loved ones may be able to file a wrongful death lawsuit. Wrongful death lawsuits are civil actions that can be taken against a person or entity responsible for another person's death. In New York, the law allows certain family members to file a wrongful death lawsuit.
Who Has the Right to File a Wrongful Death Lawsuit?
In New York, the right to file a wrongful death lawsuit is determined by the relationship of the deceased to the person filing the lawsuit. The law states that the following people may file a wrongful death lawsuit:
- The deceased person's surviving spouse
- The deceased person's surviving children
- The deceased person's surviving parents
- The deceased person's surviving siblings
- The deceased person's surviving grandparents
In some cases, the court may allow other individuals to file a wrongful death lawsuit on behalf of the deceased. This may include the deceased person's estate, the estate administrator, or the deceased's personal representative.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
If a wrongful death lawsuit is successful, the court will award damages to the surviving family members. The damages awarded in a wrongful death lawsuit are intended to compensate the family for their losses due to the death of their loved one. The damages may include:
- Medical expenses incurred by the deceased before their death
- Funeral and burial expenses
- Loss of income and benefits
- Loss of protection, care, guidance, and advice
- Pain and suffering experienced by the deceased before their death
- Loss of consortium
- Punitive damages
Time Limit to File a Wrongful Death Lawsuit
It is important to note that a time limit exists to file a wrongful death lawsuit in New York. Under the New York Estates, Powers, and Trusts Law, a wrongful death lawsuit must be filed within two years of death. The court may only hear the case if the suit is filed within this time frame.
How a Wrongful Death Attorney Can Help
Filing a wrongful death lawsuit can be a complicated process. An experienced wrongful death attorney can help guide you through the process and ensure your rights are protected.
Rochester Wrongful Death Lawyers
An experienced wrongful death attorney can help guide you through the process and ensure your rights are protected. If you or a loved one has experienced a wrongful death in Rochester, NY, contact Faraci Lange, LLP today at (888) 997-4110 to learn more about how we can help.