A wrongful death happens because someone was negligent... and you might be able to be compensated
for your loss
Wrongful death is tragic because it’s always preventable. If your loved one was a victim, you might be able to be compensated for damages for your loss, and you might be able to receive survivorship damages for their losses before they passed.
When we hear that a person has died, it’s most people’s instinct to want to know why or how—whether it’s an acquaintance or neighbor, or someone in the news, we’re often curious to know whether it’s natural causes (like a disease or old age) or something else, like a car accident.
But what if the death seems... questionable. In other words, it seems like something that shouldn’t have happened.
That’s when it’s possible that there’s been a wrongful death. New York defines wrongful death in the New York Estates, Powers, and Trusts Law (EPTL) § 5-4.1.
A wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another party. This can include actions that would have entitled the deceased to file a personal injury lawsuit had they survived.
If you believe that someone in your family has suffered a wrongful death, you might be entitled to compensation for the loss.
Who can file a wrongful death claim in New York?
A New York wrongful death claim must be filed by the personal representative (executor or administrator) of the deceased person's estate. This individual is responsible for managing the estate and is typically appointed by the Surrogate’s Court. The personal representative may be named in the deceased's will or appointed by the court if there is no will.
The personal representative’s role is to file the wrongful death claim within the New York state statute of limitations, which is usually within two years of the person’s date of death. They must also work in their own capacity or with a lawyer to gather and present evidence, negotiate a settlement or proceed to trial, and distribute damages to the appropriate beneficiaries.
Typically, the personal representative is the deceased person’s spouse, adult child, or parent.
Who is eligible to benefit from a New York wrongful death lawsuit?
Only the personal representative may file a New York wrongful death lawsuit, but the damages recovered benefit the deceased person’s survivors.
Survivors include:
- Spouse, for loss of financial support, services and consortium
- Children, for loss of parental guidance, financial support, and education costs
- Parents, if the deceased was unmarried and did not have children, potentially for financial loss and loss of companionship
- Other dependents, if they were financially supported by the deceased person.
Types of wrongful death lawsuits
There is tremendous variation in the types of wrongful death lawsuits. The key is that the death occurred as a result of someone else's negligent or intentional actions, which would have allowed the deceased to pursue a personal injury claim had they survived.
However, there are a few areas of personal injury that are common for wrongful death claims:
- Medical malpractice: If a doctor or other healthcare professional provides substandard care that leads to a patient's death, it can be considered wrongful death. Examples include misdiagnosis, surgical errors, medication mistakes, and failure to diagnose a serious condition.
- Car accidents: Fatal car accidents caused by another driver's negligence, such as reckless driving, driving under the influence of alcohol or drugs, or distracted driving, can lead to wrongful death claims.
- Workplace accidents: This includes fatalities occurring in the workplace due to unsafe working conditions, lack of proper safety measures, or equipment failures.
- Defective products: The manufacturer, distributor, or retailer of the product may be held liable for certain deaths. Examples include faulty car parts, unsafe pharmaceuticals, and hazardous consumer products.
- Nursing home negligence: Elderly individuals who die due to neglect or abuse in a nursing home or assisted living facility may have their deaths classified as wrongful. This can include failure to provide adequate medical care, malnutrition, dehydration, or physical abuse.
- Premises liability: Fatal accidents due to unsafe conditions, such as slip-and-fall accidents, swimming pool accidents, or building collapses, can be considered wrongful death if the property owner was negligent in maintaining a safe environment.
- Aviation accidents: Deaths resulting from plane crashes or other aviation-related incidents due to pilot error, mechanical failures, or other forms of negligence can lead to wrongful death claims.
There’s also a cause of action for wrongful death for criminal acts. These include homicide, assault, or other intentional acts of violence that result in death. It’s important to understand that the civil wrongful death lawsuit is different from criminal prosecution that a defendant could face. Only the government can bring a criminal charge against a defendant (i.e. the state or local prosecutor).
However, if the victim's family wishes to file a wrongful death claim, this is a separate legal proceeding. Conviction of a criminal act does not automatically lead to civil damages. Evidence might be used in the criminal trial that is also relevant and admissible in the civil trial, but they are separate and need to be pursued as distinct legal proceedings and could potentially have different outcomes.
If convicted, a defendant who caused a death could face prison time, probation, fines, and other sentencing, depending on the severity and circumstances of the crime. If the victim’s family wishes to pursue financial compensation (i.e. damages), they need to file a civil wrongful death lawsuit.
What factors are important in a New York wrongful death lawsuit?
A wrongful death lawsuit is decided based on the same type of evidence as is used in a personal injury claim. The plaintiff (the deceased person’s representative) must prove by a preponderance of the evidence (that is, prove that something is more likely than not) that the death was caused by the defendant’s negligence.
But the second part of a New York wrongful death lawsuit is determining damages, or the amount of money that the deceased person’s survivors are entitled to as compensation.
To determine the correct amount of damages, the court considers factors that include:
- The age, health, and life expectancy of the deceased;
- The earning capacity and potential future earnings of the deceased;
- The relationship between the deceased and the beneficiaries (e.g., spouse, children);
- The number and age of dependents; and
- The contributions the deceased made to the household and family.
Unlike some other states, New York does not award damages for the emotional pain and suffering of the surviving family members (for example, grief or loss of companionship). The focus remains on the economic impact of the loss on the survivors.
Damages awarded in a wrongful death case are distributed according to the beneficiaries' specific losses and needs. The personal representative of the deceased’s estate typically distributes the compensation among the surviving family members, following the directives of the court and state law.
Overall, New York’s wrongful death statute aims to provide financial relief to those who were dependent on the deceased and to cover expenses directly related to the wrongful death.
New York survivorship actions in wrongful death lawsuits
In New York, a survivorship action is brought by the personal representative of the deceased person’s estate. This type of action allows the estate to recover damages that the deceased person would have been entitled to if they had survived. These damages are separate from those recovered in a wrongful death action, which are intended to compensate the surviving family members for their losses.
The damages that can be recovered in a survivorship action include:
- Pain and suffering: This compensation is for the physical pain and mental anguish the deceased experienced from the time of the injury or onset of the condition until their death. This can include awareness of impending death and any suffering endured.
- Medical costs: This includes medical treatment during the time between the accident and the person’s death. In other words, it could be hospital or ambulance fees, surgery, medication, or any other expenses for treatment up to the time they passed away.
- Lost earnings: Compensation for the wages the deceased person would have earned from the time of the injury until their death.
- Funeral and burial expenses: Can also be recovered in a wrongful death action, but depending on the circumstances, they are sometimes included in survivorship actions.
| Wrongful death vs. survivorship actions | |
|---|---|
| Wrongful death | Survivorship |
| Compensates surviving family members for financial losses, such as support, services, parental guidance and funeral expenses. | Compensates the deceased person’s estate for the person’s suffering before death, such as pain, emotional distress, medical expenses, and lost earnings. |
If you’ve lost a loved one and believe they are the victim of negligence, consult a personal injury lawyer if you’re considering a wrongful death lawsuit.
Need a lawyer?
Have you lost a loved one in a preventable accident?
Wrongful death lawsuits are particularly difficult because in the face of such a tragedy, families and loved ones must pick up the pieces of their life despite their grief and soldier on through the legal system, meeting each deadline and acting like it’s any other lawsuit. These are usually filed by husbands, wives, children, parents and siblings of the deceased with the help of a legal representative. Read more
