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How to file a wrongful death action

If you've been injured in an accident or on the job, the attorneys of Hach & Rose, LLP have the knowledge, skills, and experience required to hold the party responsible for your injury accountable.

Last Updated: 08-02-2023
Written by: Michael A. Rose and Gregory Hach

A wrongful death action is a lawsuit filed because someone was killed due to another person’s negligent or intentional acts. Wrongful death could be attributed to drunk driving, medical malpractice, a slip, and fall, or any vehicle accident. Read more to learn about the specifics of filing a wrongful death action in New York.

Who can file a claim?

Only the “personal representative” or executor of the deceased’s estate may file a wrongful death claim in New York. This could be an immediate family member, but that isn’t always true. According to New York law, a personal representative is “a person who has received letters to administer the estate of a decedent.” If any damages are won in court, they would be awarded to the personal representative, who would then give them to the deceased’s family.

What damages could surviving family members receive?

The damages awarded in wrongful death cases vary depending on the circumstances, but could pay for:

  • Fees associated with the funeral and burial
  • Wages lost between the deceased family member’s final injury and the resulting death
  • Medical bills associated with that final injury
  • Emotional or physical pain and suffering experienced by the deceased before their death

Family members are not entitled to compensation for their own emotional pain and suffering due to losing their loved one.

How could an attorney help me with a wrongful death action?

A personal injury attorney can guide grieving families during the complicated legal process of winning compensation. At Hach & Rose, LLP, our attorneys will conduct a thorough investigation into your loved one’s death and build your case for you so you can take the time you need to grieve your loved one and support your family.

Contact a New York wrongful death attorney

Our New York wrongful death attorneys have the knowledge and resources to get a resolution that will hopefully secure fair compensation and bring peace and closure to the surviving family members. We are only a phone call away. Call our office at (212) 779-0057 to schedule a confidential consultation with a member of our team today.

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