Wrongful death is a tort. According to Cornell Law School’s Legal Information Institute, a tort is “an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.” Thus, your wrongful death case is legally classified as a civil tort.
The untimely death of someone you love is tragic, especially when their death was preventable if not for the negligence of another person. If the loss of a loved one is what has brought you to our law firm’s website, our team extends our sincere condolences to you.
You want to hold the negligent party accountable and cover your financial losses. A wrongful death lawsuit is a civil tort action you could take to recover damages and get justice. A wrongful death attorney from our firm will file a claim or, if indicated, a lawsuit on your behalf and handle your legal case so you and your family have time to grieve.
- What Is a Wrongful Death Lawsuit?
- What Damages Are Recoverable in a Wrongful Death Lawsuit?
- Who Is Eligible to File a Wrongful Death Lawsuit?
- Who Gets the Money from a Wrongful Death Settlement?
- How Much Time do You Have to File a Wrongful Death Lawsuit?
- Learn More About Wrongful Death Torts Today
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action that a survivor or victim of negligence files to recover damages.
Tort law provides relief to those who suffer harm from others. If another driver disobeys traffic laws and crashes into your vehicle, killing a beloved family member in the process, you are entitled to sue the negligent party for compensation. Car accidents are not the only type of accident that entitle you to file a wrongful death case. Your family could pursue legal action if your loved one passed away because of a:
- Construction accident;
- Slip and fall or trip and fall accident;
- Nursing home abuse or neglect tragedy;
- Motorcycle, truck, car, bus, or bicycle accident, or;
- Medical malpractice
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What Damages Are Recoverable in a Wrongful Death Lawsuit?
Survivors who file a wrongful death lawsuit are typically seeking compensation to cover financial expenses and losses they incur as a result of the death of their loved one. Perhaps the decedent had medical bills after receiving emergency treatment before passing away. Or, maybe the decedent was the “breadwinner” of the family, and that lost income is negatively impacting your household finances.
You should consider consulting with a wrongful death lawyer about filing a claim or, if indicated, a lawsuit to recover damages through the legal process. Certain family members are entitled to recover the following types of wrongful death damages:
- Medical expenses for emergency treatment, transportation, surgery, and hospitalization if the decedent received medical care prior to their death
- Loss of the decedent’s financial support
- Funeral expenses
- Conscious pain and suffering of the decedent prior to their death
The value of your case will depend on the losses you suffer. A wrongful death lawyer will calculate the value of your case by taking into account the economic and non-economic damages that apply to you.
Economic damages are verifiable monetary losses, such as medical bills and lost income, while non-economic damages, such as pain and suffering, are more challenging to calculate.
Who Is Eligible to File a Wrongful Death Lawsuit?
A decedent’s children, spouse, parents, and siblings are not eligible to file a wrongful death lawsuit in New York unless they are also the decedent’s personal representative. Only the personal representative of their estate has the ability to file a wrongful death lawsuit in New York. (The person named as “executor” in a will or an “administrator” if there is no will, is the “personal representative,” i.e., the person empowered on the court to act on behalf of the estate. In the case of a wrongful death claim or lawsuit, the personal representative is the person making the claim, or, in a lawsuit, they are the plaintiff, acting on behalf of the estate. )
As mentioned above, frequently, the decedent selects a personal representative in their will. If your loved one passed away before their will was written, a lawyer will explain which parties are eligible to act as the decedent’s personal representative.
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Who Gets the Money from a Wrongful Death Settlement?
In most cases, the decedent’s surviving spouse and children are eligible to benefit from the damages recovered in a wrongful death case. As discussed above, New York has a ranking system determining who gets the money from a settlement and how it is to be split when there is no will.
According to Estates, Powers, and Trusts § 4-1.1:
- If the decedent only has a spouse and no children, the spouse gets the entire settlement.
- If the decedent has a spouse and children, the spouse gets $50,000 and the children receive the remainder.
- If the decedent has no spouse but has children, the children split the settlement.
- If the decedent has no spouse and no children, the surviving parents receive the settlement.
There could be other parties who are eligible to receive compensation, depending on the details of your case. Your wrongful death lawyer will be able to determine how the court will divide a settlement in your case.
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How Much Time do You Have to File a Wrongful Death Lawsuit?
Taking your time to make a decision about filing a wrongful death lawsuit is normal and understandable. However, New York gives you a limited amount of time to file a lawsuit, according to Estates, Powers & Trusts § 5-4.1. If you fail to file a wrongful death lawsuit by the deadline in your case, you will likely lose the right to recover damages in court.
We urge you to consult a lawyer who has experience fighting for survivors in wrongful death cases. Our law firm will meet all deadlines in your case, including the statute of limitations, so you don’t lose your right to file a lawsuit.
Learn More About Wrongful Death Torts Today
Filing a wrongful death lawsuit offers you and your family a method to hold the negligent party accountable for the death of your loved one. Friedman & Simon, L.L.P. will fight for you. We will investigate the death of your loved one, determine liability, collect evidence, consult experts, calculate the value of your claim, negotiate with the liable party and their insurance provider to reach an appropriate settlement, and file a lawsuit on your behalf if necessary.
To learn more about wrongful death lawsuits or to talk to a member of our team about your case, please call for a free consultation today.
Call or text 516-932-0400 or complete a Free Case Evaluation form