Who Can Legally File a Wrongful Death Claim?

It may be emotionally and financially devastating if you have experienced the wrongful death of a loved one due to someone else’s negligence. In New York, an estate representative of the deceased may bring a wrongful death claim against the negligent party in order to recover compensatory damages for the losses experienced by the family following the victim’s passing. Seeking the skilled guidance of an experienced New York wrongful death lawyer may help you secure maximum, fair compensation for medical expenses, funeral expenses, and other costly expenses related to the wrongful death of a family member. 

At the Law Office of Cohen & Jaffe, we are well-versed in New York wrongful death law and have a combined century of experience fighting for the legal rights of victims affected by wrongful death. We understand the severity of these types of claims and provide compassionate, tireless legal representation to recover the complete compensation you deserve and hold the negligent party accountable for their actions. 

Who Can Legally File a Wrongful Death Claim in New York?

In New York, wrongful death accidents are defined as unlawful acts or neglect that, had the victim lived, could have resulted in a personal injury lawsuit for compensatory damages for injuries and other losses. However, since the victim experienced a fatality due to a negligent party’s actions, another party must bring a lawsuit on the deceased behalf. 

A wrongful death accident may include the following types of accidents: 

• Negligence based accidents 
• Medical malpractice 
• Intentional criminal acts 

A personal estate representative is required to file a wrongful death claim on the behalf of the deceased in New York. Unlike other states, the deceased’s family is not permitted to bring a wrongful death claim to court unless they are the authorized personal representative of the victim’s estate. 

At the Law Office of Cohen & Jaffe, we handle all aspects of your claim, from investigating the accident to securing valuable evidence of negligence that caused the wrongful death. We fight for the compensation and justice you deserve so you may focus on grieving and healing. 

Damages You May Recover in a New York Wrongful Death Claim 

In a successful wrongful death claim, you may be able to recover economic and non-economic losses with the help of a skilled New York wrongful death lawyer at the Law Office of Cohen & Jaffe. The value and type of compensation you may be eligible to receive are dependent on the unique circumstances of your claim. 

You may be able to recover the following compensatory damages in New York: 

• Funeral and burial costs
• Health care expenses associated with the victim’s final injury or illness
• Financial support that was contributed to the family by the deceased
• The economic value of the support and service provided to the family by the deceased 
• The economic value of parental care awarded to surviving children
• Lost inheritance
• Interest on the monetary damages awarded from the date of death 

Speak with the experienced New York wrongful death lawyers at the Law Office of Cohen & Jaffe for a comprehensive assessment of your claim and insight into the monetary value of your claim. We implement a comprehensive legal approach to fighting for the complete compensation you deserve, including investigating the accident that led to the untimely loss of your loved one, obtaining valuable evidence, building a solid case on your behalf, and preparing for trial if necessary. 

New York Wrongful Death Statute of Limitations 

The New York statute of limitations regarding seeking compensatory damages for wrongful death is two years from the date of the person’s death. The following are exceptions to the two-year statute of limitations: 

• The statute of limitations is two and a half years from the date of the person’s death if medical malpractice was the cause of death.
• If the liable party has a criminal case pending against them as a result of the occurrence that caused the victim’s death, the statute of limitations is reduced to one year from the end date of the criminal case.

Wrongful death claims may be complex. At the Law Office of Cohen & Jaffe, we are well-versed in New York wrongful death law that may affect the outcome of your claim. We provide skilled legal guidance throughout the entire legal process so that you may focus on healing.

Speak With the Experienced New York Wrongful Death Lawyers at the Law Office of Cohen & Jaffe

If your family member passed as a result of someone else’s negligent actions, you may be able to pursue accountability and compensatory damages for the economic and non-economic losses your family has experienced. At the Law Office of Cohen & Jaffe, we help guide you in the complexities of a New York wrongful death claim and tirelessly fight for the justice you deserve while you focus on navigating this difficult time. 

Schedule a no-cost consultation with a skilled New York wrongful death lawyer today by calling (866) 924-1787 or filling out our contact form. Visit our YouTube Channel for more information regarding our experienced legal team. 

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