Frequently Asked Questions About New York Wrongful Death Claims
It is never easy to lose a loved one, but when their death is prematurely caused by someone else’s actions, the tragedy is compounded. Here are answers to some of the questions our New York City attorneys frequently hear.
Who can file a wrongful death lawsuit?
In New York, a wrongful death claim may be brought by the decedent’s spouse, children, parents or the personal representative of their estate.
What kind of damages can be recovered in a wrongful death lawsuit?
Damages in wrongful death claims are designed to compensate the decedent’s survivors for their losses, but they can include things like:
- Final medical expenses and reasonable funeral and burial costs
- The value of the loss of the decedent’s emotional support, guidance or companionship
- The value of the decedent’s lost wages or contributions to the household
In addition, survivors may also be entitled to significant compensation for their pain and suffering. In some cases, punitive damages may also be possible.
How long do I have to file a wrongful death claim?
New York’s statute of limitations on wrongful death claims is two years from the victim’s date of death. Any delay beyond that point will likely result in a denied claim.
How is a wrongful death settlement calculated?
Wrongful death settlements are generally dependent upon the survivor’s economic damages (such as the deceased’s lost future income or contributions to their household) and noneconomic damages (such as the loss of the deceased’s companionship). Other factors that influence a settlement include the victim’s age, health, projected income and number of dependents at the time of their death.
Can a wrongful death lawsuit be settled out of court?
Yes. Many wrongful death claims are settled through negotiation, not litigation. Litigation is usually regarded as a “last resort” when a fair agreement is not forthcoming.
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It is always best to get answers tailored to your unique situation. Call Edelman & Edelman, P.C., at 212-235-1197 or contact us online to schedule a meeting with one of our lawyers to take advantage of our free initial consultations.
