What Is a Wrongful Death Claim?

New York law defines wrongful death as a death that occurs because of recklessness, negligence, or an intentional or wrongful act.

Essentially, what that means is that someone either deliberately did something that led to the victim’s death or someone didn’t do something they should have without it being deliberate (for example, if a doctor prescribes the wrong medication or dose). If the medical person involved had either demonstrated more care or hadn’t deliberately acted against the patient’s best interests, it’s possible the victim would not have died.

This is a broad area of claims, as wrongful death can occur in numerous ways, including:

  • Vehicle accidents
  • Construction work
  • Bicyclist or pedestrian accidents
  • Railroad or public transit accidents
  • Medical malpractice
  • Maritime accidents

Who Can File a Wrongful Death Claim in New York?

A wrongful death claim can only be filed by one of a specific group of people: the victim’s spouse, children, parents, or a representative of the victim’s estate. Others, including friends or more distant relatives (such as siblings, aunts, or uncles), aren’t usually able to file this claim unless they are the official representative of the estate or if they are guardians (if the victim is a minor) or personal representatives.

Is There a Statute of Limitations on Filing a Wrongful Death Claim?

A statute of limitations is a legal period within which legal action must be taken. If it’s not taken within that time, the court will likely not hear the case, or the person or organization being claimed against will refuse to consider it.

For wrongful death in New York, the statute of limitations is two years from the date the victim died if the liable party is a private entity (person, hospital, etc.). If the liable party is a public organization (city, county, etc.), a Notice of Claim must be filed with that group within 90 days of a personal representative being appointed on behalf of the victim. That deadline could be a lot sooner than two years. If you’re unsure where your case falls on the timeline, contact an experienced wrongful death attorney.

There are a few exceptions to this statute of limitations.

  • The beneficiary is a minor. If the wrongful death involved the parent of a minor, the statute of limitations begins either when the minor turns 18, or a legal representative is appointed for them.
  • Malpractice. Cases involving medical malpractice are allowed two years and six months to file a wrongful death claim.
  • Criminal activity. If the person or entity charged with a wrongful death is also being charged with crimes, the victim’s family or representative has up to one year after the conclusion of the criminal case to file the wrongful death claim. 

What Does it Take to Prove a Wrongful Death Claim?

Proving negligence that led to death requires many things, depending on each unique case. However, in New York, all negligence cases have to prove four elements of negligence:

  • Duty of care. That means that someone owed someone to be reasonably responsible and careful in activities that affected the victim. For example, drivers are expected to be sober and attentive while driving. 
  • Breach of the duty of care. The person who owed the duty of care didn’t honor it. For example, a driver was driving under the influence (DUI) of alcohol, crashed into another car, and that car’s driver was killed.
  • Causation. This means that the victim’s death directly resulted from the breach of duty by the drunk driver. If that driver had not been driving while drunk, it’s more likely the crash and subsequent death wouldn’t have happened.
  • Damages. This means that the victim received not just financial damages (such as car repairs) but physical harm as well. In wrongful death cases, those damages include the death.

The evidence to prove each of these elements varies according to the case. It may involve proof of death, police reports, medical reports, eyewitness testimony, contracts detailing the relationship between the victim and the person accused of causing their death, subpoenaed internal documents and records, photos and videos where available, and proof of the financial damages caused to the survivors, including hospital and funeral bills, pay records showing the family’s loss of income due to the death, and potentially expert testimony in medical cases or of an economy expert who can help the court understand what future monetary losses could look like.

What Kinds of Compensation Are Available for Family Members in a Wrongful Death Settlement or Award?

Settlements or jury awards in these cases usually address the economic damages, which are the known totals of money spent on medical bills, funeral arrangements, loss of income, etc. In some cases, there may be what’s known as noneconomic damages. These are harder to quantify monetarily but represent pain and suffering or loss of consortium or companionship. Especially egregious cases may be ordered to pay punitive damages as a deterrent to this happening again.

What Should I Do if I Want to Pursue a Wrongful Death Claim After the Death of My Loved One?

Call the Law Offices of Thomas Lavin at 718-957-8695 for a free case evaluation. Losing a loved one is always stressful, and it’s even more so if the death may have been avoidable. Our team of experienced, knowledgeable personal injury and wrongful death attorneys can review the circumstances of your case and help you understand what might be possible when pursuing a wrongful death claim.