Pursuing a Wrongful Death Claim in New York
When a loved one's death is caused by someone else's negligence, New York law may allow the personal representative of the deceased to bring a wrongful death claim against the responsible party.
November 14, 2009 /24-7PressRelease/ -- Pursuing a Wrongful Death Claim in New York
Article provided by The Stanley Law Offices, L.L.P.
Visit us at www.stanleylawoffices.com
Losing a loved one is always painful, no matter the circumstances. And when a loved one's death is caused by someone else's negligence, family members often experience feelings of anger, helplessness and frustration as they face unexpected hospital and funeral costs. In such cases, New York law may allow the personal representative of the deceased to bring what is known as a wrongful death claim against the responsible party, whether it is another person, a business, or even a government entity.
Who May Bring a Claim?
In New York, family members may not bring a wrongful death claim themselves. Instead, the authorized personal representative of the estate of the deceased person ? usually the executor of the decedent's estate ? brings the claim on behalf of the family members, referred to as the "beneficiaries" or "distributees."
In New York, whether a family member is designated as an eligible beneficiary for purposes of bringing a wrongful death claim is determined by statute. Generally, any compensation recovered will go to the spouse and any minor children, but in cases where the decedent was not married or did not have any children, the decedent's parents, siblings and even grandparents may be entitled to a portion of the compensation recovered in a wrongful death case.
What is a Wrongful Death Claim?
The personal representative may only bring a wrongful death claim if the decedent could have brought a legal claim against the party responsible for his or her death. If the decedent would not have been able to bring a legal claim, then the family members also do not have a right to bring a claim. For example, if the decedent was shot while committing a robbery, then the family would not be able to bring a wrongful death action since the death occurred during the commission of a crime.
Wrongful death actions most commonly arise when a party's negligence caused a person's death. These claims often arise in the context of a fatal car crash, but may also be brought when someone dies as a result of a dangerous product, medical malpractice, violent crime, breach of warranty or even breach of contract. So long as the decedent would have had a viable legal claim against the responsible party, a wrongful death claim can be sustained.
What Types of Damages are Recoverable?
In order for a beneficiary to recover for the wrongful death of a loved one, the beneficiary must be able to show that he or she has suffered pecuniary loss as a result of the death. Pecuniary losses are actual monetary losses and include loss of future support and services and loss of parental guidance. The court will consider several factors before assigning a dollar amount to the pecuniary losses, including the decedent's past and probable future earnings and the possibility of career advancement.
If the decedent did not work or was a minor child, the court will consider other factors to determine pecuniary losses. For example, if the decedent was a child, the court will look at the parents' current and future loss of the child's assistance and services. If the decedent was a homemaker, the court will consider the cost to the family to replace the services provided by the homemaker and other types of personal losses, like the loss of parental guidance.
In addition to pecuniary losses, beneficiaries also are entitled to recover:
-Hospital and medical expenses
-Funeral expenses
-Interest from the date of death
In some cases, punitive damages also may be recoverable.
Non-pecuniary losses ? which generally include claims for pain and suffering, mental anguish and grief, loss of consortium and loss of companionship ? are very limited in a wrongful death cause of action in New York.
What is the Difference between Wrongful Death Actions and Survival Actions?
Wrongful death claims are different from survival actions. In a survival action, the family seeks to recover any damages that would have been owed to the decedent prior to his or her death.
Additionally, any compensation recovered from a survival action becomes part of the decedent's estate. This means it is lumped together with the rest of the estate's assets and is subject to estate taxes and creditor claims before any remaining money will be distributed to the beneficiaries. Conversely, any compensation recovered from a wrongful death action is distributed directly to the beneficiaries and does not go through the estate.
Survival actions can be included in wrongful death actions.
Contact an Experienced Attorney
If you have questions about wrongful death claims or survival actions, contact an experienced attorney today. A lawyer with experience in pursuing these types of claims can explain New York's wrongful death law to you and your available options.
Article provided by The Stanley Law Offices, L.L.P.
Visit us at www.stanleylawoffices.com
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