Seeking Justice for the Wrongful Death of a Family Member – According to NY Law

Steps to Take in the Aftermath of a Wrongful Death

Seeking legal justice for the wrongful death of a loved one in New York involves a series of specific steps. Here's how you can navigate this complex and emotional process –

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First, Understand Wrongful Death Laws in New York

In New York, a wrongful death is defined as a death caused by a wrongful act, neglect, or default that could have entitled the deceased to file an action to recover damages had the death not occurred. The claim must be filed by the personal representative of the deceased's estate.

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Find Out the Statute of Limitations for Your Case

The statute of limitations for filing a wrongful death claim in New York is generally two years from the date of death. However, this can change based on the specific circumstances, such as claims against municipalities. In some cases, it could be due to discovery of cause more than 2 year later.

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Identify the Responsible Parties

Determining who is liable is crucial. This could be an individual, a company, or multiple parties. For example, in a car accident, this could include the driver at fault, the manufacturer of a faulty vehicle component, or even a government entity responsible for road maintenance. It’s important to seek legal help before determining the exact responsible party.

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Collect and Document Evidence

Gathering evidence is critical to support the wrongful death claim. Valid evidence includes medical records, accident reports, eyewitness testimonies, photographs of the scene, expert testimonies, and other relevant documents. Expert testimonies can include accident reconstruction experts, medical experts etc.

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Hire a Competent Attorney

This is the most important step. It is advisable to consult with an attorney who has a focus on wrongful death cases. An experienced attorney can offer guidance through the legal process. They have the legal capacity to help gather and analyze evidence, and represent the estate in court if necessary.

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File a Wrongful Death Claim

To do this, a personal representative of the deceased's estate must file the claim. This involves preparing and submitting the necessary legal documents in the proper New York court. The claim should detail the nature of the wrongful act and the damages sought. Once again, your legal advisor or attorney are indispensable in this case. 

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Calculate Overall Damages 

Damages in a wrongful death case may include medical and funeral expenses, lost wages and benefits. Lost wages and benefits are what the deceased could reasonably have expected to earn in the future. The support and services the deceased provided to family members, parental care to surviving children, and conscious pain and suffering experienced by the deceased before death are also calculated under damages caused by the wrongful death.

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What is Considered a Wrongful Death?

In New York, a death is considered wrongful when it results from the negligence, wrongful act, or default of another person or entity. To understand if a death qualifies as wrongful under New York law, courts typically follow a structured approach involving several key legal criteria.

The court first examines whether the defendant owed a duty of care to the deceased. This duty varies depending on the relationship and circumstances. For example, drivers have a duty to obey traffic laws and operate their vehicles safely to avoid harming others.

Once a duty is established, the court looks to see if the defendant breached that duty through action or inaction. Going along with the example of a driver, this could involve breaking traffic laws, failing to maintain safe vehicle conditions, or not adhering to professional driving standards.

Then, the court must determine causation of the wrongful death. This involves proving that the breach of duty directly caused the death. This means showing that the death would not have occurred if not for the defendant's actions or negligence. This step is the most important in proving wrongful death.

Finally, the court assesses the damages resulting from the death. As discussed before, damages from the death not only the loss of life but also the economic impact on the deceased's family and dependents – loss of income, funeral expenses, and the value of lost support and companionship.

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What Happens After Proving a Wrongful Death?

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Negotiations to Reach a Settlement

Often, wrongful death claims result in a settlement before reaching trial. Negotiations are conducted between the plaintiff's attorney and the defendant's insurance company or attorney. Your lawyer will negotiate for a fair settlement based on the damages sustained.

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Going to Trial

If a settlement cannot be reached, the case may go to trial. During the trial, both sides will present their evidence, and a judge or jury will make a determination regarding liability and damages.

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Appeal if Necessary

If the outcome of the trial is unfavorable and there are grounds for an appeal (such as errors in how the trial was conducted), you may consider filing an appeal. This step should be discussed thoroughly with your attorney.

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Each wrongful death case is very specific. The legal process can be lengthy and emotionally challenging. Having professional legal guidance can help navigate the complexities of the case and make sure that the rights of the deceased's estate and surviving family members are protected.