When a death is caused by another party’s negligence, reckless conduct, or intentional act, surviving family members may have the right to pursue a wrongful death claim.
The New York wrongful death lawyers at Hach & Rose, LLP represent families pursuing accountability and compensation after the loss of a loved one.
Call (646) 798-8386 for a free consultation.
Contact Hach & Rose Today for a Free Consultation
- Contact Hach & Rose Today for a Free Consultation
- Why Choose Hach & Rose, LLP?
- What Is Considered Wrongful Death Under New York Law?
- Common Causes of Wrongful Death
- Who May File a Wrongful Death Lawsuit?
- Required Elements for a Wrongful Death Claim
- What Compensation May Be Available?
- Statute of Limitations
- Frequently Asked Questions
- Contact a New York Wrongful Death Lawyer
Why Choose Hach & Rose, LLP?
For nearly 25 years, Hach & Rose, LLP has represented grieving families throughout New York, recovering more than $1 billion for injury victims and their families. Depending on your case, we can:
- Investigate the death, gather evidence, and work with forensic and medical experts.
- Identify and pursue all liable parties, from individuals to corporations.
- File all necessary court documents on behalf of the personal representative.
- Calculate and prove the full extent of your family’s damages.
- Negotiate with insurers and pursue litigation when a fair settlement isn’t offered.
We handle wrongful death cases on a contingency fee basis, so there are no upfront legal fees.
What Is Considered Wrongful Death Under New York Law?
A wrongful death occurs when a person dies as a direct result of another party’s negligent, reckless, or intentional act or failure to act. The key legal question is whether the deceased would have had grounds for a personal injury lawsuit had they survived.
Common Causes of Wrongful Death
- Car, truck, and motorcycle accidents
- Medical malpractice
- Construction and workplace accidents
- Nursing home abuse or neglect
- Slip and fall accidents
- Defective products
Who May File a Wrongful Death Lawsuit?
Only the personal representative of the deceased’s estate, usually named in a will or appointed by the Surrogate’s Court, can file a wrongful death lawsuit in New York. Compensation is then distributed to eligible family members, which may include:
- A spouse
- Biological or adopted children
- Parents, when there is no surviving spouse or child
- Financially dependent relatives
Required Elements for a Wrongful Death Claim
- The defendant owed a legal duty to the deceased.
- That duty was breached through an act or omission.
- The breach directly caused the death.
- The surviving family or estate suffered actual economic damages.
What Compensation May Be Available?
New York’s wrongful death statute generally limits recoverable damages to economic losses, including:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost wages and future earnings the deceased would have provided
- Loss of parental guidance, care, and support for surviving children
- Value of household services performed by the deceased
- Conscious pain and suffering endured by the decedent before death, if provable
Non-economic damages such as grief or loss of companionship generally aren’t available to survivors under current New York law.
Statute of Limitations
New York generally allows two years from the date of death to file a wrongful death lawsuit. Exceptions may apply, including:
- A one-year window after a related criminal trial concludes, if the death resulted from a crime
- An extension to two years and six months in certain medical malpractice cases
- Tolling of the deadline when a minor is the only beneficiary, though a guardian should be appointed promptly
Frequently Asked Questions
What is the difference between wrongful death and survival actions in New York?
A wrongful death claim compensates surviving family members for their own losses, such as lost financial support. A survival action compensates the estate for the decedent’s own damages, such as pain and suffering before death. Both may be pursued together.
Can siblings, cousins, or friends file a wrongful death lawsuit in New York?
No. Only the personal representative of the estate can file the lawsuit, though the damages recovered may benefit eligible family members such as a spouse, children, or dependent relatives.
What if the deceased shared fault in the event leading to their death?
New York follows a pure comparative negligence rule, meaning a recovery may still be possible even if the deceased was partially at fault, though any award may be reduced by their percentage of fault.
Are punitive damages available in New York wrongful death cases?
Punitive damages are rarely available in New York wrongful death claims and generally require especially egregious conduct. An attorney can evaluate whether your case may qualify.
Can I bring a wrongful death claim against a government agency or municipality?
Potentially, yes, though claims against a government entity generally require filing a Notice of Claim within 90 days and are subject to shorter deadlines than claims against a private party.
What happens if there is no will or estate plan?
If there is no will naming an executor, the Surrogate’s Court will appoint a personal representative who can then pursue the wrongful death claim on the family’s behalf.
Can an undocumented immigrant’s family file a wrongful death claim?
Yes. Immigration status generally does not prevent a family from pursuing a wrongful death claim in New York.
Will pursuing a claim cost my family anything up front?
No. We handle wrongful death cases on a contingency fee basis, meaning there are no upfront attorney fees, and legal fees are paid from a recovery only if the case is successful.
Contact a New York Wrongful Death Lawyer
If you lost a loved one because of another person’s negligence, Hach & Rose, LLP can review what happened and help your family understand your legal options.
Call (646) 798-8386 or contact us online for a free, confidential consultation.