Losing a loved one unexpectedly is a devastating, life-altering experience. When that loss is caused by someone else’s negligence, New York law allows the surviving family to pursue justice through a wrongful death claim.
This guide explains everything you need to know—from who can file to how compensation is calculated—so your family can take informed action.
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A wrongful death occurs when a person dies due to the misconduct, negligence, or careless actions of another party. Common examples include:
☑ Medical malpractice
☑ Car accidents
☑ Truck accidents
☑ Construction or workplace accidents
☑ Defective products
☑ Unsafe property conditions
Who Can File a Wrongful Death Claim in New York?
Unlike many states, New York does not allow all family members to file directly.
Only the personal representative (executor or administrator) of the estate can file the lawsuit.
However, the compensation goes to the surviving family members, including:
☑ Spouse
☑ Children
☑ Parents
☑ Other dependents
What Compensation Is Allowed in New York?
New York focuses on economic losses, which often include:
☑ Funeral expenses
☑ Medical bills
☑ Loss of income the loved one would have earned
☑ Loss of household services
☑ Loss of parental care
☑ Loss of financial support
Time Limit to File (Statute of Limitations)
You have:
☑ 2 years from the date of death
Missing the deadline means losing the right to pursue justice.
How a Lawyer Strengthens a Wrongful Death Case
The Paul Law Firm, P.C. assists families with:
☑ Investigating cause of death
☑ Obtaining expert witnesses
☑ Calculating long-term financial losses
☑ Filing and managing the estate’s claim
☑ Negotiating with insurance companies
☑ Taking the case to trial when necessary
Final Thoughts
A wrongful death case is both legally complex and emotionally heavy. The Paul Law Firm, P.C. provides compassionate, strategic representation to ensure your family receives the justice and compensation it deserves.