Wrongful Death Lawsuit Attorney: 5 Essential Steps for Justice
Finding a Path Forward After a Devastating Loss in New York
A wrongful death lawsuit attorney helps families secure compensation after losing a loved one due to someone else’s negligence. When a death is caused by carelessness, a wrongful death claim provides a way for surviving family members to seek justice and financial stability.
Key Facts About Wrongful Death Lawsuits in New York:
- Who Can File: Only the personal representative of the deceased’s estate, appointed by Surrogate’s Court.
- Time Limit: Two years from the date of death (or just 90 days for claims against government entities).
- Cost: Most attorneys work on a contingency basis, meaning you pay nothing unless you win.
- What You Can Recover: Medical expenses, funeral costs, lost wages, loss of financial support, and the deceased’s pain and suffering before death.
- What You Cannot Recover: Your own grief or emotional distress.
Navigating New York’s complex laws and strict deadlines can be overwhelming. Insurance companies often try to minimize payouts, making experienced legal representation essential. At Segal & Lax, we have decades of experience helping New York families through these difficult times, allowing them to focus on healing while we handle the legal complexities.
What Constitutes a Wrongful Death in New York?
When a person’s death is caused by the wrongful act, neglect, or default of another, it is considered a wrongful death under New York law (EPTL Section 5-4.1). This means the death could have been prevented if the responsible party had acted with reasonable care. The action can be based on negligence, recklessness, or an intentional act.
A wrongful death claim is a civil lawsuit, separate from any criminal charges. The goal is to secure financial compensation for the family’s losses, not to impose criminal penalties. The standard of proof is a “preponderance of the evidence,” which is less stringent than the “beyond a reasonable doubt” standard in criminal cases.
Common Incidents Leading to Wrongful Death Claims in New York
Wrongful death can result from various incidents. According to the CDC, unintentional injuries are a leading cause of death in the U.S. Our experience helping families across Manhattan, The Bronx, Queens, Staten Island, and Brooklyn shows that these cases often arise from:
- Car and Truck Accidents: Caused by speeding, distracted driving, or intoxication.
- Pedestrian Accidents: A significant risk in New York City, often caused by inattentive drivers.
- Medical Malpractice: Fatal errors by healthcare professionals, such as misdiagnosis or surgical mistakes. You can learn more about how we help with these claims here: More info about medical malpractice claims.
- Construction Site Accidents: Falls, falling objects, or equipment malfunctions on dangerous job sites.
- Defective Products: When a flawed product leads to a fatal injury.
- Premises Liability: Accidents caused by unsafe conditions on a property, like poor security or slip and fall hazards.
- Nursing Home Abuse and Neglect: When inadequate care results in a resident’s death.
The Difference Between Wrongful Death and Survival Actions in New York
In New York, two claims can arise from a fatal incident:
| Feature | Wrongful Death Claim | Survival Action |
|---|---|---|
| Purpose | Compensates family members for their financial losses due to the death. | Compensates the estate for the deceased’s pre-death suffering. |
| Who Benefits | The deceased’s distributees (e.g., spouse, children). | The deceased’s estate, distributed according to their will or state law. |
| Damages | Funeral costs, lost wages, loss of support and services. | The deceased’s conscious pain and suffering, and medical expenses before death. |
| Statute of Limitations | Two years from the date of death. | Varies, but often linked to the date of the injury or death. |
A skilled wrongful death lawsuit attorney will often pursue both claims to ensure the family receives the most comprehensive compensation for all aspects of their loss.
The Legal Process: Who Can File, Who Can Be Sued, and When?
Navigating New York’s legal system after a loss is complex. A wrongful death lawsuit attorney can manage the process, allowing you to focus on your family.
Who is Qualified to File a Lawsuit in New York?
In New York, a wrongful death lawsuit must be filed by a personal representative of the deceased’s estate. This person, appointed by the Surrogate’s Court, acts on behalf of the surviving family members (distributees) who will ultimately receive any compensation. If a will does not name a representative, the court can appoint one.
Identifying Liable Parties in a Wrongful Death Case
Determining all responsible parties is key to a successful claim. Liability can extend beyond the obvious individual to include:
- Drivers and their employers
- Doctors, hospitals, and other healthcare facilities
- Manufacturers of defective products
- Property owners and management companies
- Government agencies (e.g., for unsafe road conditions)
A thorough investigation is necessary to identify every party that contributed to the fatal incident.
New York’s Statute of Limitations: A Critical Deadline
You have a limited time to act. In New York, the statute of limitations for most wrongful death cases is two years from the date of death.
However, if a government entity is involved, you must file a Notice of Claim within just 90 days. Missing these deadlines can permanently prevent you from seeking compensation. It is crucial to contact an attorney promptly to preserve your rights.
Building a Successful Claim with a Wrongful Death Lawsuit Attorney
A successful wrongful death claim requires a strategic approach to proving fault and demonstrating the full extent of your family’s loss. An experienced wrongful death lawsuit attorney will build a strong case by gathering critical evidence and establishing the necessary legal elements.
The Four Essential Elements of a Wrongful Death Case
To win a wrongful death lawsuit in New York, we must prove four key elements:
- Duty of Care: The defendant had a legal responsibility to act with reasonable care.
- Breach of Duty: The defendant failed to uphold that duty.
- Causation: This failure directly caused the death of your loved one.
- Damages: The death resulted in quantifiable losses.
How a Wrongful Death Lawsuit Attorney Gathers Crucial Evidence
The strength of your claim depends on the evidence. We conduct a thorough investigation to collect and preserve all relevant information, including:
- Police and accident reports
- Medical records
- Witness statements
- Analysis from accident reconstructionists, medical professionals, and economists
- Employment and financial records
- Photographs and videos of the scene
Navigating New York’s Comparative Negligence Rule
New York follows a pure comparative negligence rule. This means if the deceased is found partially at fault, any financial award will be reduced by their percentage of fault. For example, if a jury awards $1 million but finds the deceased was 10% at fault, the award is reduced to $900,000. Insurance companies often use this to lower payouts. We will fight to protect your claim from unfair blame and maximize your family’s compensation.
Damages and Compensation: Securing Your Family’s Future
While no amount of money can replace your loved one, a wrongful death lawsuit can provide essential financial support for your family’s future and hold the responsible parties accountable. Our goal is to help you recover the full and fair compensation you are entitled to under New York law.
What Types of Damages Can Be Recovered?
In New York, damages are intended to cover the financial losses resulting from the death, as well as the deceased’s suffering. We work to calculate and recover all available compensation, which may include:
- Economic Damages:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost wages, benefits, and inheritance
- Value of lost support, services, and parental guidance
- Non-Economic Damages:
- The deceased’s conscious pain and suffering from the time of injury until death.
- Punitive Damages: In rare cases of extreme or malicious conduct, these may be awarded to punish the defendant.
Understanding Non-Recoverable Damages and Distribution
It is important to know that New York law does not allow family members to recover damages for their own grief or emotional suffering. The law focuses on the economic losses resulting from the death and the deceased’s own suffering before they passed.
Any compensation recovered is distributed among the deceased’s legal beneficiaries (distributees), such as a spouse and children. This process is overseen by the Surrogate’s Court to ensure a fair allocation based on each family member’s financial loss. We guide our clients through this entire process to ensure it is handled correctly.
Frequently Asked Questions about Wrongful Death Lawsuits in New York
We understand you have questions during this difficult time. Here are answers to some common inquiries about wrongful death claims in New York.
How much does it cost to hire a wrongful death lawsuit attorney?
At Segal & Lax, we handle all wrongful death cases on a contingency fee basis. This means you pay no upfront fees for our services. We cover all costs of litigation, and we only get paid if we successfully recover compensation for you through a settlement or verdict. If you don’t win, you owe us nothing.
How long does a wrongful death lawsuit take to resolve?
The duration of a wrongful death lawsuit varies depending on the complexity of the case. Simple cases with clear liability may settle within a year or two. More complex cases involving multiple defendants or disputed facts can take longer, especially if they go to trial. The process generally includes investigation, negotiation with insurance companies, and, if necessary, litigation. Our team is committed to moving your case forward as efficiently as possible while ensuring we build the strongest claim for maximum compensation.
Can I still file a lawsuit if my loved one died sometime after the initial injury?
Yes. If a person dies from injuries caused by someone else’s negligence, even if it’s weeks, months, or years after the initial incident, a wrongful death claim can still be filed. The statute of limitations for a wrongful death claim begins on the date of death, not the date of the injury. Additionally, a separate ‘survival action’ can be brought to recover damages for the pain and suffering the deceased experienced between the time of the injury and their death.
Why You Need a New York Wrongful Death Lawyer
When you’re grieving the preventable loss of a loved one, facing a complex legal battle is the last thing you need. Insurance companies may try to minimize your claim or shift blame. The legal system has strict deadlines and procedures that can be overwhelming. This is where an experienced wrongful death lawsuit attorney can make all the difference.
At Segal & Lax, we have over 75 years of combined experience fighting for families across New York City, including Manhattan, The Bronx, Queens, and Staten Island. We handle every aspect of your case—from investigating the incident and gathering evidence to negotiating with insurers and, if necessary, taking your case to trial. We protect you from lowball settlement offers and ensure your rights are protected.
What to Do After a Wrongful Death:
- Preserve Evidence: Keep any photos, documents, or contact information related to the incident.
- Do Not Speak to Insurers: Avoid giving any statements or signing documents without legal advice.
- Contact an Attorney Immediately: New York has strict time limits, some as short as 90 days. Acting quickly is crucial.
We work on a “no win, no fee” basis, so you pay nothing unless we win your case. Let our family help yours. Contact us for a free consultation about your case, and let’s find a path forward together.