Wrongful Death Lawsuit FAQs

Wrongful Death Cases

What is a wrongful death?

In New York, a wrongful death occurs when an individual is killed due to the misconduct or negligence of another person, entity or company.

Who can file a wrongful death lawsuit in New York?

A child, parent or spouse of the deceased can pursue a wrongful death lawsuit in New York.

What damages can I recover in a New York wrongful death lawsuit?

In a successful wrongful death lawsuit, compensation may be awarded for funeral and medical costs, loss of earnings and lost benefits. Compensation for a loss of a parent’s guidance and training is also available. New York does not allow for surviving family members to recover for mental anguish incurred as a result of their loss.

What is the statute of limitations for wrongful death cases in New York?

Generally, the New York wrongful death statute of limitations allows surviving family members two years from the date of death to file a lawsuit. If a claim is not filed within this time period, the family will be prohibited from ever filing a wrongful death lawsuit and recovering compensation for their loss. In some cases, the statute of limitations may be shorter or other time restrictions may apply. Therefore, it’s important to speak with a New York wrongful death attorney as soon as possible.

What is the first step in a wrongful death case?

Because most wrongful death lawsuits in New York involve a number of complex issues, the first step is to contact a wrongful death lawyer. Our New York wrongful death attorneys offer a free case review to all potential clients, so feel free to contact us by completing the short form on the right.