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