Who Can File a Wrongful Death Claim in New York?

If your loved one has been killed because of someone else’s negligence or wrongdoing, you may be able to file a wrongful death claim. The first step to filing such a claim is to understand what constitutes wrongful death, who may file a claim, and what types of damages may be recovered.
There are many types of accidents that may result in a wrongful death. Car accidents commonly result in fatalities in New York City. In a fatal injury accident, if the driver was under the influence of alcohol, speeding, driving recklessly, or otherwise negligent, then, they may be held liable for their actions. Wrongful death may also occur as a result of medical malpractice, defective products, slip-and-fall accidents, criminal acts and defective drugs.
Not everyone close to the victim may be eligible to file a wrongful death claim. Only immediate family members who have suffered a loss typically receive compensation. Examples of potential claimants include a spouse, child or parent. The claimant must prove that he or she suffered a loss, either financial or emotional, and that the death was wrongful. Family members who file a wrongful death claim may be financially dependent on the deceased victim.
There are circumstances in which others affected by a fatal accident may file a claim. Fiancés, for example, may file a claim in some cases despite not being a legal family member, if he or she was financially dependent on the victim. Minors who were dependent on the victim may be able to receive compensation as well. Parents of a minor child may also file a wrongful death claim.
The Estate Powers and Trust Law, Article 5, Part 4, 213-217 allows the heirs of the victim to pursue compensation for losses such as medical bills, nursing costs and funeral expenses. Punitive damages may also be included in cases involving recklessness or negligence. To determine all of the losses that may be recovered through a wrongful death claim, the victim’s family would be well advised to seek legal guidance from an experienced personal injury lawyer.
The New York personal injury lawyers of the Law Offices of Kenneth A. Wilhelm have a proven track record of helping New York families cope with their losses after the wrongful death of their loved one. To schedule a free consultation, call us at 1-800-WORK-4-YOU (1-800-967-5496). We can also help you with wrongful death claims in New Jersey, Connecticut, Pennsylvania, or Florida.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit our website: www.work4youlaw.com