Losing a member of the family feels like the world has stopped spinning, and when that loss happens because someone else was careless, it feels even more unfair. While no amount of money or legal paperwork can bring them back to you, the laws in New York provide a way to seek some level of justice for your family. It offers a method to respect the person you lost while making sure your family stays financially stable in the years to come.
At The Silbowitz Firm in New York City, Mitchell Silbowitz has spent over three decades helping people who are experiencing these overwhelming circumstances. Since 1989, he has successfully handled more than 1,000 cases for individuals across New York City, Long Island, and other counties across New York State who have been hurt in car crashes, falls, and construction accidents.
Wrongful Death Under New York Law
Under the laws of this state, a wrongful death happens when a person dies because of a wrongful act, neglect, or default by another person or company. Basically, if your loved one had been able to file a personal injury lawsuit had they lived through the incident, then their estate likely has the legal right to file a claim now. This legal concept covers many different types of situations, including:
- Fatal vehicle crashes caused by people who were drinking, looking at their phones instead of the road, or driving too fast for the conditions
- Medical errors like a wrong diagnosis, surgical mistakes, or giving a patient the wrong medicine that leads to a fatal reaction
- Accidents on a construction site or in a warehouse where safety rules were ignored and workers were put in danger
- Defective items like car parts that fail at high speeds or consumer goods that are not safe for people to use
- Violent acts or crimes that resulted in someone losing their life during an assault or other dangerous event
It is important to show that the death was caused directly by the carelessness or intentional harm of another party. If there is evidence that the person or company failed to act the way a reasonable person would have, you likely have the grounds to move forward with a case.
Eligibility for Filing a Wrongful Death Claim
New York is very specific about who is allowed to actually start the legal process. In many other states, a spouse or child can just walk into court, but here, the personal representative of the estate is the only person who can file the paperwork. This representative is usually the person named in a will, or if there is no will, someone the court chooses to handle the estate’s affairs. While family members cannot file the suit on their own, they are the ones who receive the money if the case is successful. The lawsuit is filed on behalf of:
- A surviving husband or wife
- Children, including those who were adopted into the family
- Parents of the person who died
- Other family members who depended on the deceased person for money to live on
Financial Recovery Available in a New York Death Claim
You can ask for money to cover the specific financial losses that the death caused your family. New York focuses on the economic impact of the loss, which means you can ask for:
- The cost of the funeral and the burial service
- Medical bills from the treatment provided right before the person passed away
- The wages the person would have earned over their entire career if they had lived to a normal age
- The value of things like childcare, cooking, or home repairs the person did for the family every day
- The inheritance that children lost out on because of the early death
- The physical pain the person went through after the accident but before they died
New York does not currently let families get money for their own emotional grief or heartbreak. This is a major difference between our state and others, which is why it is so important to have a lawyer who knows how to document every single dollar of financial loss your family is experiencing.
Deadlines for Filing Your Case
You generally have two years from the day the person died to get your lawsuit started in the New York court system. This is a very firm cutoff, and if you wait even one day too long, the court will almost certainly dismiss your case and you will lose the chance to hold the responsible party accountable forever. The clock starts on the day of the death, which might be different from the day the accident actually happened. If you are dealing with a government agency, like the city or a public hospital, you might have as little as 90 days to give them a formal notice that you plan to sue. Because these rules are so strict, talking to a lawyer as soon as you can is the best way to make sure you do not miss a deadline.
Requirements for Proving Fault in Wrongful Death Lawsuits
To win your case, you have to prove that the person or company you are suing was at fault for what happened. This involves showing four different things to the court. First, you have to show they had a duty to be careful, like a doctor following medical standards or a driver staying in their lane. Second, you show they failed in that duty by being reckless or lazy. Third, you have to prove that their failure was the actual reason your loved one died. Finally, you have to show that the death caused the financial damages you are listing in your claim. This often requires looking through police reports, talking to witnesses, and hiring experts to explain exactly how the accident happened.
Get Help from a Wrongful Death Attorney
Handling a legal claim while you are mourning is a lot for anyone to deal with on their own. Each case is different, and the rules can change depending on who caused the accident or where it happened. Working with an attorney can help you see how strong your case is and what kind of evidence you need to gather. A lawyer handles the phone calls with insurance companies and makes sure all the paperwork is filled out correctly. This lets you spend your time with your family and focus on healing from the loss.
Mitchell Silbowitz and the team at The Silbowitz Firm understand that you are going through one of the hardest times in your life. Since 1989, our firm has been fighting for the rights of people in New York City and Long Island, winning more than 1,000 cases for those hurt in car accidents and on job sites. We know the local laws and we know how the court system works in every county across New York. If you have lost someone you love and believe someone else is to blame, you should not have to worry about your finances on top of your grief.
Call The Silbowitz Firm today at (646) 419-5344 to talk about your situation. We can listen to what happened and help you figure out the best way to move forward for your family and your future.