Anderson, Moschetti & Taffany
Personal Injury Lawyers

What should I know about wrongful death in NY?

| Sep 11, 2020 | Wrongful Death |

The death of a loved one is always tragic. However, the situation becomes much worse when the reason for your loved one’s death is the negligence or fault of a third party. 

This is the basis of a wrongful death suit. However, all 50 states have different laws when it comes to dealing with wrongful death. According to FindLaw, if you want to bring forth a wrongful death suit in New York, you must do so within two years of the person’s death. 

Who can file for wrongful death in New York?

In order to file a wrongful death suit, the plaintiff must have a specific relationship to the deceased. For a wrongful death suit in New York, this person must be either the spouse, a child, a parent or a personal representative of the deceased’s estate. If you did not hold any of these relationships with the deceased, you may not file a wrongful death lawsuit. 

What are the grounds for wrongful death in New York?

In order to have a valid wrongful death suit in New York, the first requirement is somebody’s death. Then, that death has to be the result of another person’s negligence. Additionally, the deceased must have theoretically been able to bring a lawsuit against the negligent party if he or she had survived the accident. Additionally, the survivors must have suffered specific damages because the person in question is dead. 

Potential damages include losing the financial support of the deceased, the costs of burial, pain and suffering and medical expenses. Contact us today to learn if you have a valid wrongful death suit in the state of New York.