Content reviewed by:
Alex Shulman
Who can file a wrongful death claim in New York depends on specific legal guidelines and eligibility determined by state law. The personal representative of the deceased’s estate has the right to bring such a claim. Typically, a will names a spouse, children, or parents of the deceased as the representative, but the court can appoint one if there is no will.
A wrongful death lawyer in New York at Shulman & Hill can provide guidance to families seeking a civil lawsuit after a fatal worksite incident or a tragic collision.
What Constitutes a Wrongful Death in New York?
Under New York law, a wrongful death occurs when a person’s death results from the wrongful act, neglect, or default of another party. The deceased would have had the right to file a personal injury claim if they had survived. These claims allow the decedent’s estate or eligible family members to seek compensation for significant losses related to the death.
Common causes of wrongful death include:
- Workplace incidents: Accidents on construction sites or violations of New York’s Labor Laws, such as falls due to unsafe scaffolding.
- Construction accidents: Workers or even bystanders may be injured by falling debris, trench collapses, crane accidents, or failures to follow safety protocols on worksites.
- Car accidents: Fatal collisions due to negligent driving can warrant wrongful death lawsuits.
- Truck accidents: Collisions involving large commercial vehicles can result from driver fatigue, poor vehicle maintenance, or unsecured loads.
- Premises liability: Fatal injuries caused by property owner negligence, including slip-and-fall accidents, unsafe buildings, or inadequate security.
The personal injury lawyer in New York from Shulman & Hill handles wrongful death claims stemming from such incidents, helping families by providing compassionate legal representation.
Who Qualifies as a Personal Representative for a Wrongful Death Claim in New York?
In New York, only the personal representative of your loved one’s estate has the legal authority to file a wrongful death claim. Estates, Powers and Trusts Law (EPTL) § 5-4.1 gives the personal representative the sole authority to bring the claim within two years of the deceased person’s passing.
The Surrogate’s Court may appoint a personal representative as part of the estate administration process, which is typically an executor named in your loved one’s will, or if no will exists, the court can appoint an administrator, usually a close family member such as a spouse, parent, or adult child.
The personal representative acts on behalf of your loved one’s estate and eligible beneficiaries to pursue damages.
How Wrongful Death Claims Differ From Survival Actions in New York
Wrongful death and survival actions are two distinct legal claims that arise following a person’s death due to negligence. While they are often pursued together, each addresses different aspects of compensation and beneficiaries.
Wrongful Death Claims
A wrongful death claim is intended to compensate the deceased’s family members for the losses they suffered due to the death. These claims focus on the financial and emotional damages incurred by relatives, such as:
- Funeral and burial expenses.
- Loss of financial support or inheritance.
- Loss of parental guidance or spousal companionship.
Survival Actions
A survival action focuses on the losses suffered by the deceased person prior to their death, which the estate can recover. These claims address damages the deceased could have pursued in a personal injury claim had they survived, including:
- Pain and suffering experienced before death.
- Medical expenses incurred before passing.
- Lost wages from the time of the injury until the time of death.
Survival actions are authorized under New York Estates, Powers and Trusts Law (EPTL) § 11-3.2(b). Any compensation from a survival action becomes part of the deceased’s estate and is meant to be distributed according to the will or, if no will exists, through intestate succession.
Wrongful death claims focus on compensating family members for their own losses, while survival actions seek to recover damages the deceased could have claimed had they lived.
Together, these legal avenues allow families and estates to pursue comprehensive justice in the wake of a tragic loss. Shulman & Hill’s experienced attorneys are well-versed in pursuing both types of claims, helping grieving families in any way possible.
Call Shulman & Hill to Learn Who Can File a Wrongful Death Claim in New York
At Shulman & Hill, we understand the profound impact a wrongful death has on families, and we are committed to helping you seek justice.
With over 200 years of combined experience, we have the experience to provide the compassionate, personalized legal representation your family deserves at this time. We’re here to help you take the next step. Contact us for a free consultation today and let us fight for your family’s future. Every Borough, Every Block, New York; We Got You.