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When someone is killed due to another person’s negligence or misconduct, the deceased party’s family members may file a wrongful death lawsuit in court. A wrongful death lawsuit typically seeks financial compensation for the surviving family members’ losses, such as funeral expenses, lost wages, and lost companionship. In this article, we examine who can file a wrongful death lawsuit in New York.
Wrongful Death in New York
When a person dies in New York due to the wrongful or negligent acts of others, certain parties may file a wrongful death lawsuit to recover monetary damages. Specifically, the following parties are permitted to file a wrongful death lawsuit following the death of a loved one in the state of New York:
- A child of the deceased person
- A parent of the deceased person
- A spouse of the deceased person
- The personal representative of the deceased person’s estate
Generally, sisters, brothers, and cousins of a deceased person do not have a right to file a wrongful death lawsuit in the state of New York unless one of these parties has been named as the personal representative or guardian of the deceased person. However, such persons still may not have the right to do so if the deceased person has a surviving child, spouse, or parent.
Wrongful Death Lawsuit Requirements
A person who wishes to file a wrongful death lawsuit in New York must demonstrate the following:
- The wrongful or negligent act that led to the deceased person’s death would have entitled that person to file a lawsuit for damages had the death not occurred;
- The deceased person has surviving children, distributees, or dependents; and
- The deceased person’s death resulted in monetary damages.
Compensation in a Wrongful Death Case
Spouses and children receive priority in New York wrongful death cases. Below are some examples demonstrating who may be entitled to financial compensation by filing a wrongful death lawsuit under different types of circumstances:
- If the deceased person had a spouse and children, then the spouse and children may be eligible for compensation.
- If the deceased person had a spouse but no children, then the spouse may be eligible for compensation.
- If the deceased person had no spouse and no children, then the deceased person’s parents may be eligible for compensation.
- If the deceased person had no spouse, children, or parents, then the deceased person’s siblings may be eligible for compensation.
- If the deceased person had no spouse, children, parents, or siblings, then the deceased person’s grandparents may be eligible for compensation.
Contact a Long Island Wrongful Death Attorney
If you have lost a loved one due to negligence, Dell & Dean, PLLC, is on your side. When you come to us for assistance, we will do everything possible to ensure that you are fairly compensated for the loss of your loved one. Please contact us as soon as possible to schedule a free initial consultation with an experienced Long Island wrongful death attorney.
