No matter the circumstances, losing a loved one is never easy, as the emotional weight of the loss is often compounded by other burdens such as medical bills, funeral costs, lost income, and unanswered questions. If the accident that caused the death of your loved one was the result of the intentional or negligent wrongful conduct of another party, New York law allows the surviving family to claim compensation. In this post, we at Gabriel Law will step into the shoes of a car accident lawyer in Brooklyn and break down the legal steps you can take when a loved one dies in a fatal accident in NYC.
When does a wrongful death claim arise?
A wrongful death claim can be presented when it can be shown that the death of a person was the result of the negligent or wrongful action or inaction by another party. In other words, the person or party in question was under a duty of care, a duty of care that they failed to comply with by their action or inaction, and this ultimately resulted in the death of a person.
Who can file a wrongful death claim in New York?
In New York, only the personal representative of the estate of the deceased, known as an executor, can file a wrongful death claim on behalf of the deceased’s family, such as the spouse, children, parents, and other dependents that relied on financial support from the deceased. This more restrictive standard means family members cannot file claims on their own accord, even if they have suffered financial losses.
The individual who will become the executor must be named through the will of the deceased. If there was no will at the time of death, the court can appoint a person to become the executor. But in most cases, the personal representative appointed is often a close family member or beneficiary, such as the spouse.
For example, if A dies in a fatal accident, A’s spouse cannot file a wrongful death claim in New York in their capacity as A’s spouse. However, if they are appointed as the personal representative of A’s estate, they can file a wrongful death lawsuit and pursue compensation on behalf of the family and other beneficiaries, which includes themselves.
What are the damages you can claim through a wrongful death lawsuit?
Through a wrongful death lawsuit, the personal representative of the deceased’s estate can claim both economic and non-economic damages on behalf of the deceased’s family.
The economic or pecuniary damages are to cover the measurable financial losses that were caused by the death of your loved one. They can include:
- The medical expenses incurred between the accident and the passing of the deceased.
- Lost wages and income, including what the deceased would have earned had they survived.
- Funeral and burial costs.
- The loss of childcare, home maintenance, and other household services.
- The loss of parental guidance for surviving children.
- The loss of inheritance that family members would have received.
On the other hand, non-economic damages take into consideration the damages the deceased would have suffered that do not have a set financial value and are determined on a case-by-case basis. This includes the emotional distress that the deceased experienced prior to death and the loss of companionship, guidance, and consortium. However, it is important to keep in mind that the emotional distress suffered by family members is not covered in wrongful death lawsuits in New York.
When should you file a wrongful death claim?
As your car accident lawyer in Manhattan, we understand how you would want to file a claim right away to seek justice for your departed loved one. However, we advise you to hold out for a bit—this is because once an accident occurs, an accident investigation will take place and reveal all important information, such as the cause of the accident and cause of death. You should take these findings to a personal injury lawyer in NYC and get their expert opinion on the best way to move forward.
Is there a deadline for filing wrongful death lawsuits in New York?
Yes, wrongful death lawsuits in New York are subject to the statute of limitations. According to the law, the personal representative must file the lawsuit within two years from the date of the deceased’s death.
Conclusion
If you lose a loved one in a fatal car accident, you have the option of filing a wrongful death lawsuit through your loved one’s estate representative, especially if the accident was the result of the other party’s wrongful or negligent conduct. If you’re looking for a car accident attorney in NYC to help you with this monumental endeavor, then Gabriel Law is here to help. For many decades, we’ve been guiding families through the legal process following their tragic loss, and we will do everything in our power to make sure that justice is served. Call us now and schedule your free consultation today.
