Wrongful death in New York: a brief overview

June 20, 2013

No matter the circumstances, losing a loved one is a painful experience. However, when the loved one's death is due to the negligence of another person, in addition to the painful feelings, family members can face unexpected funeral expenses and loss of income. Fortunately, there is a legal remedy that can help families recover their financial losses: a wrongful death lawsuit.

Who can bring the lawsuit?

Under New York law, family members do not bring the wrongful death lawsuit themselves. Instead, it is brought by a personal representative of the deceased's estate on behalf of the family members, who are known as beneficiaries. The lawsuit may be brought against virtually any party responsible for the death, including government entities and corporations.

The type of family members who may be beneficiaries is limited under the law. Most commonly, any recovery from the lawsuit is distributed to the spouse and any minor children. However, if the spouse is not married or does not have children, the parents and siblings of the deceased may receive part of the lawsuit proceeds.

Requirements for a claim

Under the New York wrongful death law, the personal representative may only file a wrongful death lawsuit if the person responsible for the decedent's death would have been liable to the deceased had the deceased lived.

Additionally, wrongful death lawsuits require that the decedent be killed because of another person's wrongful act, neglect or negligence. In most cases, this type of lawsuit arises out of fatal motor vehicle accidents, medical malpractice, breach of warranty/contract or when a person is killed while using a dangerous product.

What can be recovered?

It is the goal of wrongful death lawsuits to compensate the beneficiaries not for their grief or sorrow for the loss of the decedent, but for their pecuniary losses, or actual monetary losses. In order to recover, the beneficiaries must prove that they have actually suffered such losses. Under New York law, such losses include:
- Loss of the decedent's earnings
- Loss of other services provided by the decedent to the beneficiary
- Loss of decedent's parental guidance
- Loss of a possible inheritance from decedent

If the beneficiaries cannot prove that they have suffered pecuniary losses, the wrongful death law limits recovery to the decedent's medical and funeral expenses (which also may be recovered if there are pecuniary losses). Although the wrongful death law is intended to compensate the beneficiaries for their financial losses, rather than punish the person who caused the decedent's death, in rare cases punitive damages may be awarded as well.

Consult an attorney

If a loved one has been killed because of someone's negligence or carelessness, contact an experienced attorney. An attorney can evaluate your claim and advise you on how New York's wrongful death law would apply to your case.

Article provided by Greenstein & Milbauer, LLP
Visit us at www.nyclawfirm.com