NYC Wrongful Death Lawyers

According to New York law, wrongful death is caused by “a wrongful act, neglect or default” that would have given the deceased person grounds to file a personal injury lawsuit, had they survived.

“Wrongful act, neglect or default” can refer to different events, including:

• Medical malpractice
• Intentional acts (such as crimes)
• Negligence-based incidents (such as motor vehicle accidents)

To file a wrongful death lawsuit in New York, the following requirements must be met:

• The death of a person
• Wrongful conduct or negligence that caused the death of a person
• Wrongful conduct or negligence could have served as grounds for a personal injury claim if the deceased had survived
• Survivors (immediate family members or a personal representative for the estate of the deceased) who have suffered damages due to the death

Wrongful death cases are a result of another person’s wrongful or negligent conduct that led to a death. Situations may include:

• Medical malpractice
• Nursing home negligence
• Construction accidents
• Workplace accidents
• Premise accidents
• Dog bites
• Car accidents
• Pedestrian accidents
• Bus accidents
• Truck accidents
• Bicycle accidents
• Motorcycle accidents
• Playground and daycare accidents

A wrongful death lawsuit in New York may be filed by:

• The spouse of the deceased
• The children of the deceased
• The parents of the deceased
• The personal representative for the deceased’s estate

If the children of the deceased are under 18 years old, their interests will be protected in court by a guardian ad litem, or a lawyer appointed by the court.

If no personal representative is named, the court may appoint one to file a wrongful death claim.

The statute of limitations applied to most wrongful death cases in New York is two years from the date of death (which can differ from the date of the incident in many cases).

Exceptions to the statute of limitations include:

• Death as a result of medical malpractice, which allows a claim to be filed two and a half years from the date of death
• A pending criminal case related to the cause of death, which allows a claim to be filed one year from the end date of the criminal case

Wrongful death cases are typically complicated and can be a lengthy process, which is why it is vital to have an experienced attorney to examine your specific situation, file the correct paperwork when needed and guide and support you through the process.

At Spar & Bernstein, our compassionate and knowledgeable attorneys will define liability and gather evidence for your claim, communicate with insurance companies and other third parties, draft and file your lawsuit, provide legal representation in court and negotiate a settlement for the loss of your loved one.

The awarded damages in a wrongful death case in New York can vary depending on the specific situation. They may include:

• Funeral and burial expenses
• Healthcare expenses related to the final illness or injury of the deceased
• Pain and suffering of the deceased due to the final illness or injury
• Lost parental care and guidance to surviving children
• Financial support the deceased would have provided or contributed to the family
• Lost inheritance

New York law does not allow family members to sue for their own damages for mental anguish, pain and suffering or loss of a companion related to wrongful death.

If your loved one’s negligence contributed to their death, this does not automatically deprive you of the right to seek compensation.

New York is a comparative negligence state, which means liability is distributed to everyone who is at fault. If your loved one contributed to the accident, you will receive damages reduced by the percentage of their blame.

For example, if your loved one is found 25% at fault, the compensation you would receive in the wrongful death case would be decreased by 25%.

At Spar & Bernstein, you’re never just a case number. Our knowledgeable attorneys will handle your wrongful death case from start to finish, with compassion and support. We’ll examine your case, determine the appropriate next steps, file all necessary paperwork, represent you and fight on your behalf for the best possible outcome.

At Spar & Bernstein, we provide legal representation regardless of your financial standing.

We offer a free initial consultation to look into the details of your wrongful death case and provide recommendations for the best outcome. No upfront fees are required.

Once we reach a settlement in your case, you will pay a percentage of the net amount you have been awarded. If a settlement is not reached, we do not collect payment from you.

Our experienced attorneys have helped thousands of clients successfully resolve their cases. We maintain the highest moral ethics in client relationships and within the legal community while fighting on your behalf for the settlement you deserve.