Wrongful Death Laws In New York

A claim of wrongful death can be filed against individuals or organizations if their acts led to a fatality. This is a civil action that can be used by those left behind to seek damages for their loss. It is usually brought about by the negligence of a person tasked with a certain responsibility.

Laws differ from state to state. Wrongful death laws in New York provide guidance on how this should be defined and what damages can be expected. Note that there is a time limit imposed on the claimants. Filing must be within two years of the death at the center of the claim.

Requirements

In order for wrongful death to be established, several things will have to be proven in court. First of these is the death of the individual. Second is the link between the actions of the defendant and the fatality in question. Third is the liability of the defendant. Fourth is the presence of at least one person who suffered losses because of the death. Finally, there should be recoverable damages. The help of a lawyer will be invaluable in building a case that would satisfy this strict definition. Every piece of evidence that could bolster the claim should be collected.

Right to File

In other states, the surviving family members are allowed to file the claim. In New York, however, only the deceased individual’s estate acting through a personal representative can do so. This personal representative can also be part of the family. The claim may ask for damages not only for the losses to the deceased person’s estate but also for the losses of this person’s heirs and beneficiaries. In case the court agrees with the plaintiff, then the damages will be awarded to the surviving family members through the estate representative. The latter will only be holding the award in trust for the former.