What Is the Process of a Wrongful Death Claim in New York?

Moving on after losing a loved one due to another party’s negligence is not easy and takes a lot of strength. You and your family deserve time to grieve together instead of worrying about the legal processes that follow. With the help of our understanding lawyers at the Law Office of Cohen & Jaffe, you can focus on healing while we handle every aspect of your claim.

With our years of experience and extensive knowledge of New York wrongful death claims, we can take on any challenge, regardless of the circumstances. Our passionate attorneys strive to make the legal process as stress-free as possible and seek the justice you deserve. Wrongful death cases are often complex, so we can help you understand if you have a case, what your claim is worth, and how to prove fault. 

4 Elements of a New York Wrongful Death Claim

After losing a loved one from preventable causes, it can be difficult to know what to do next. Typically, filing a wrongful death claim involves the following steps:

Contacting an Experienced Lawyer

While you can work through your claim on your own, contacting an experienced lawyer gives you a better chance of achieving the compensation you deserve. Our knowledgeable team has the skills and resources to manage the following aspects of your claim:

• Conducting a thorough investigation
• Gathering evidence and essential information
• Interviewing witnesses
• Answering all your questions
• Identifying a liable party
• Determining your case’s worth
• Filing your claim properly
• Negotiating with insurance companies
• Taking your case to trial if necessary

We also offer free case consultations, so we can listen to your story, document important details, and determine if you have a case. Contacting a lawyer as soon as possible ensures you do not miss your opportunity to fight for your rights and hold the liable party accountable.

Determining Who Can File

New York Consolidated Law §4-1.1 only allows certain people to file a wrongful death claim for a family member. Therefore, ensuring an eligible person is pursuing financial compensation is important. These qualified parties include the following:

• The deceased’s children
• The deceased’s parents 
• The deceased’s spouse
• A representative of the estate

Traditionally, siblings or cousins of the deceased cannot file a wrongful death claim unless they are a personal representative. We understand this can be confusing, so we may help you find out if you are able to file a claim for your loved one. 

Proving Fault

Depending on your circumstances, you may not know whose negligence caused your loved one’s passing. We may help you gather a death certificate, medical records, and other pieces of evidence to identify the at-fault party and fulfill the burden of proof, which involves proving the following points:

• The at-fault party owed you a duty to act carefully.
• They neglected this duty of care.
• This negligence resulted in damages.

When it comes to fault, New York operates under a comparative negligence system. This means that each party involved receives a percentage of responsibility for the accident. The insurance company or jury will deduct this percentage from your damages. Even if your loved one was partially responsible for the accident, you might still collect damages. We work with insurance companies to ensure you do not receive an unfair fault percentage, so you receive a fair settlement. 

Potentially Recoverable Damages

Losing a loved one in a wrongful death situation is devastating, and you deserve recognition and compensation for your losses. Depending on the details of your claim, you may be able to recover the following damages:

• Pain and suffering
• Medical bills
• Funeral and burial expenses
• Loss of consortium
• Loss of future wages
• Loss of affection, nurturing, and love
• Punitive damages

While the economic damages, like medical bills and lost wages, are often straightforward to calculate, others, like pain and suffering, are more subjective. Our talented lawyers can help you make these calculations to determine how much your claim is worth, so you can achieve a fair settlement.

Get Help From a Seasoned New York Wrongful Death Lawyer at the Law Office of Cohen & Jaffe

Every day we trust doctors, drivers, manufacturers, property owners, and other parties to look out for our safety. Breach of this trust could lead to serious injuries and even death. If you lost a loved one due to someone else’s negligence, you deserve top-notch representation that will fight for you and build a strong claim.

At the Law Office of Cohen & Jaffe, our New York legal team has worked on wrongful death cases for years, and we are well-versed in the state laws regarding these claims. With our open communication and innovative legal services, you can trust us to negotiate with insurance companies or take your case to trial if needed. To schedule a free consultation, call us at 516-358-6900 or fill out our contact form. Visit our Cohen & Jaffe YouTube Channel for more information about our services and legal team.

For a free legal consultation, call 516-358-6900