Who Can File a Wrongful Death Lawsuit in New York?

Losing a loved one is one of life’s most difficult challenges, especially when the loss is caused by another party’s negligence or misconduct. In these situations, New York law allows certain individuals to pursue a wrongful death claim. At the Law Offices of Jonathan Van Dina, PLLC, we assist families in Nassau County with understanding their legal rights and seeking justice for their loss.

Understanding Wrongful Death in New York

A wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another. These cases often arise from car accidents, medical malpractice, defective products, or dangerous premises. While no lawsuit can replace a loved one, a wrongful death claim can help surviving family members recover financial support and hold the responsible party accountable.

Who Can File a Wrongful Death Lawsuit?

Unlike many other states, New York has specific rules regarding who may file a wrongful death claim. The law provides that only the personal representative (also known as the executor or administrator) of the deceased person’s estate can bring a wrongful death lawsuit.

This representative acts on behalf of the estate and surviving family members who are entitled to recover damages. Beneficiaries may include:

• The surviving spouse
• Children of the deceased
• Parents (in certain cases)
• Other dependents who relied on the deceased for support

The personal representative is responsible for filing the lawsuit, but the compensation is distributed to eligible family members as determined by law.

What Damages Can Be Recovered?

A wrongful death claim in New York can provide compensation for:

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Lost wages and benefits the deceased would have provided
• The value of services and support provided by the deceased
• Loss of parental guidance for surviving children

It is important to note that New York law does not allow compensation for emotional pain and suffering of surviving family members, though financial recovery can still make a significant difference.

Time Limits for Filing

New York law imposes a strict deadline for filing wrongful death claims. Generally, the personal representative must file within two years of the date of death. Failing to meet this deadline may prevent the family from recovering compensation.

Seeking Legal Guidance in Nassau County

Navigating a wrongful death lawsuit requires careful attention to New York’s complex legal requirements. At the Law Offices of Jonathan Van Dina, PLLC, we guide families through the process with compassion and determination. Our firm is committed to helping the Nassau County community pursue justice and financial recovery during such difficult times.