(ThyBlackMan.com) Losing a loved one is always a painful and challenging experience. If you believe it was caused by the negligence or actions of another party, it can even be more challenging. Apart from mourning the loss, you may want to file a wrongful death claim. If you’re filing the claim in New York, you’ll need to understand the laws governing wrongful death claims in the state.
Here’s what you need to know:
What is Wrongful Death in New York?
Every state in the U.S. has set its own laws governing wrongful death claims. In order to establish a wrongful death claim in New York, your claim has to meet five elements.
- a recorded death
- The death must have been caused by wrongful action of the claim’s defendant
- That gave rise to any action that the deceased person would have pursued in a court of law if death didn’t occur
- Survival by one or more persons who have suffered a loss as a result of the death
- Damages the estate can recover
The New York Estates, Powers, and Trusts Code Part 4 law clearly states what a wrongful death is in New York. Understanding it is crucial before filing a claim.
Who Qualifies to File a Wrongful Death Claim in New York?
In New York, the deceased person’s estate representative is responsible for filing a wrongful death claim. This is unlike many other states where family members can file wrongful death claims without a representative of the deceased estate. However, the claim can seek damages for losses suffered by the deceased person’s beneficiaries, heirs, or devisees.
The wrongful death claim may also include damages for losses suffered by the deceased person’s estate. If the claim is successful and damages are awarded, the representative is considered by the court as the holder of the damages in trust for the surviving beneficiaries or family members, who are entitled to the wrongful death compensation.
What Damages are Awarded?
The damages awarded in a wrongful death claim in New York depend largely on the facts of the claim and the evidence brought forward to support it in a court. However, various damages can be awarded for a wide range of losses, including:
- Burial and funeral expenses of the deceased person
- The benefits and wages lost between the time the deceased person got injured or ill and his or her wrongful death
- Any reasonable expenses related to the deceased person’s medical care, nursing needs, and other hospital expenses due to the injury, illness, and death
- The value of services and support that family members received from the deceased
- The value of care, parental nurturing, and overall guidance the decease offered to surviving children
- The conscious pain & suffering that the deceased person suffered due to the final illness or injury
- 9% interest on the total damages awarded, usually calculated from the recorded date of death
In New York wrongful death claims, family members can’t file their own damages for mental trauma, pain, and suffering, or loss of companionship, even if the deceased person is a child. It’s important to consult a wrongful death attorney in New York to understand what options you have for recovering reasonable damages.
What’s the Statute of Limitations for Wrongful Death Claims in New York?
New York laws governing wrongful death claims allow the filing of cases within a maximum of two years from the date that the deceased person died. Understanding the statute of limitations is important when you want to take action against a party that may have caused the wrongful death of a loved one.
In cases where the personal representative of the deceased is a child or a person who legally can’t file a claim, the immediate guardian of the child or the incapable person is responsible for filing the wrongful death claim within the statute of limitations. Again, talking to an experienced wrongful death lawyer in New York will help you take the right steps to ensure fair compensation.
Staff Writer; George Brown