WRONGFUL DEATH

When a person is injured due to another’s negligence or intentional harmful acts, the injured person can seek compensation in a personal injury suit against the negligent party. In certain particularly tragic cases, these injuries may result in death.

In these situations, a representative of the deceased’s estate may bring a wrongful death claim against the negligent person on behalf of the deceased’s surviving family members.

Types of Wrongful Death Claims

According to the CDC, unintentional injuries are the fourth-highest cause of death. A wrongful death lawsuit can apply to almost any kind of personal injury situation that has resulted in death, including:

• Motor vehicle accidents

• Falls

• Medical malpractice

• Nursing home negligence

• A deadly construction accident

Damages in a Wrongful Death Lawsuit

Surviving family members who are eligible to be awarded damages may include spouses, minor children, and the parents of a minor child who has passed away. The surviving party may be compensated for his or her losses in a wrongful death suit, including:

• The deceased’s pain and suffering

• Medical costs incurred prior to death

• Funeral and burial costs

• Lost future financial support

• Value of lost benefits, such as a pension or health insurance

Statute of Limitations for New York Wrongful Death Claims

When you are grieving, filing a wrongful death lawsuit may be the last thing on your mind. It is important to remember, however, that in New York, the statute of limitations for wrongful death claims is two years. This means that there is a two-year time limit to file a claim, so it is crucial to consult with a lawyer promptly.