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

The tragic loss of a loved one can be devastating, but learning that their death was due to the carelessness of another person just makes matters worse. Unfortunately, horrific accidents such as these occur daily throughout New York state. However, if you are experiencing financial instability due to the wrongful death of a loved one, you may be able to seek justice via a claim. Read on to learn how a seasoned Buffalo wrongful death lawyer at Ramos & Ramos can assist you throughout the filing process ahead.

Can I file a wrongful death claim in New York state?

Unique to most states, family members are only entitled to file a wrongful death claim in New York state if they were designated as the personal representative to the estate of the decedent. This may include surviving spouses, children, parents, and grandparents. Sometimes, a claim can be filed by any dependent that demonstrates they suffered financial hardship as the result of the loved one’s death.

What constitutes a valid wrongful death claim in New York state?

As insinuated above, the negligence or misconduct of another party must have caused the death of your loved one to constitute a valid wrongful death claim in New York state. Below are some of the common causes of wrongful death claims:

  • Criminal activities or behavior.
  • Medical malpractice.
  • Faulty or defective products or parts.
  • Auto accidents.
  • Slip and fall accidents.
  • Construction accidents.
  • Dog bites.

Additionally, to prove the validity of your wrongful death claim, you must provide the following evidence to the New York court:

  • Your loved one lost their life directly due to another party’s negligence or recklessness.
  • Your loved one lost their life under circumstances wherein they would have been entitled to financial compensation via a claim had death not occurred.
  • You, as the decedent’s family member, have suffered financial damages due to the wrongful death of your loved one.

What damages can I recover in my wrongful death claim?

While no amount of money can replace the lives of your loved ones, it can help alleviate some of the financial burdens resulting from their death. Importantly, these awards are very fact-specific and vary greatly from case to case, but some of the most common awards read as follows:

  • Funeral and burial expenses.
  • The loss of support and services the decedent provided.
  • The loss of care and guidance to the decedent’s children.
  • The loss of benefits suffered by the decedent’s children.
  • The cost of medical care given to your loved one before they passed away.
  • The cost of lost wages that your loved one would have provided to your family.
  • Pain and suffering of the decedent due to injuries or illness.

For assistance with calculating these damages, contact a competent Buffalo, New York personal injury attorney today.

Contact Our Experienced New York Firm

If you require legal representation for matters of personal injury in New York, contact Ramos & Ramos. Whether you were injured in an auto accident, a slip and fall, or under any other circumstances, we’re here to help.