Losing a loved one unexpectedly is devastating. Knowing that someone else’s negligence was responsible for it is maddening. If you have recently lost a loved one in an accident, you may have the right to seek compensation for the losses you suffered that stem directly from the death. However, the process of filing a wrongful death claim is often complicated.
Many surviving family members have lingering questions after an accidental death. Below, we address some of the most common questions we receive from families about wrongful death cases. We have provided in-depth information about these unique legal claims and what you can expect from the process. We also offer a free, no-obligation consultation so you can learn more about your legal rights based on your particular situation.
1. What Is a Wrongful Death?
New York law defines a wrongful death as “a wrongful act, neglect or default which caused the decedent’s death” that would have allowed the victim to sue them for a personal injury if they had survived the events. Many situations can rise to the level of a wrongful death. Many legal theories can also support these types of cases, including negligence, strict liability, or intentional misconduct.
Common causes of wrongful death actions include:
2. Is a Wrongful Death Case a Criminal Case?
No. Wrongful death cases are not criminal cases. Even when a criminal act is involved, a wrongful death case is distinct from a criminal case based on similar events. For example, if a drunk driver caused your loved one’s death, the defendant could face criminal charges for causing a fatal drunk driving accident under the vehicular manslaughter law. They could also face a civil wrongful death action.
Criminal cases and civil cases are very different. They have different purposes and burdens of proof. In a criminal case, the prosecutor represents the interests of society. The focus is on punishing the defendant. The prosecutor must prove each element of the crime by proof beyond a reasonable doubt.
In a civil case, you hire a lawyer who represents your interests. It is impossible to give you what you want: your loved one. Therefore, the focus is on recovering financial compensation that can help alleviate some of the financial strain the accident has placed on your family. You must prove your case by the preponderance of the evidence, meaning that the facts weigh more in your favor than in the defendant’s.
Because of these differences, it is possible to get contradictory results. A defendant can be found not guilty in a criminal case but guilty in a civil case based on similar facts. Additionally, civil cases do not require a person to be convicted of a crime for them to file a wrongful death lawsuit against them. Many accidental deaths occur every year that do not involve the violation of crimes. Family members may be able to file wrongful death actions in these cases.
3. Who Can File a Wrongful Death Case in New York?
New York’s wrongful death statute only allows the personal representative to file a wrongful death lawsuit. If the deceased had a Will, the personal representative is the Executor named in the Will. If the decedent did not have a Will or the personal representative refuses to file the wrongful death action, the decedent’s distributees can ask the court to appoint an administrator to file the action on their behalf.
Distributees are the people who would stand to inherit if the decedent died intestate (without a will). The decedent’s surviving spouse and children will generally be able to file a wrongful death claim and receive the proceeds of a wrongful death award in proportion to their financial loss. If the decedent did not have any children, the surviving spouse and parents of the decedent will recover damages in proportion to their financial loss.
4. What Is My Wrongful Death Claim Worth?
Every wrongful death claim is different. The value of a wrongful death settlement or award can vary based on several factors, such as:
- The decedent’s age, health, and life expectancy at the time of death
- How the death occurred
- Who is responsible for the death
- The financial dependence the recipient of the award had on the decedent
- The age of the decedent’s children and the years of financial support they would have received had the decedent lived
- The nature of the lost guidance sustained by the family memeber
- Relevant insurance available
- The financial consequences the decedent’s death had on you and others
Experienced attorneys can analyze the details of your case and negotiate for maximum compensation. The judge or jury determines the final damages if your case ends in trial.
In addition to the claim for wrongful death, the lawsuit usually includes a claim for the losses suffered by the deceased for the injuries that caused the decedent’s death. Those damages include compensation for the decedent’s conscious pain and suffering, medical expenses, and lost earnings.
5. What Damages Can I Recover in a Wrongful Death Lawsuit?
New York’s wrongful death law differs from the wrongful death laws in many other states because it does not allow the recipients of an award to recover compensation for the family members’ pain, suffering, mental anguish, or loss of companionship. Instead, wrongful death action damages only allow for the award of the following:
- Medical expenses related to the final injury or illness
- Funeral costs
- Economic losses for those bringing the wrongful death action, such as loss of financial support
- The value of parental guidance, nurturing, and care for surviving children
New York wrongful death lawyers know these rules and can seek maximum compensation based on them.
6. How Can a Lawyer Help Me with a Wrongful Death Claim?
Wrongful death cases are often complicated, even more so because the people who have the legal right to file them are usually dealing with profound grief. Families may be unsure about their rights and whether they wish to pursue a case. Wrongful death attorneys can handle the legal action and all aspects of the claim, including:
- Initial consult – A wrongful death attorney can meet with you to discuss how the death happened, identify the parties who may be responsible for your loved one’s death, and answer your legal questions during a free consultation.
- Claim assessment – Our law firm has been in place since 1987, so you can trust that we can give you accurate information about whether you have a viable legal claim. We have over 50 years of experience handling wrongful death and personal injury claims.
- Investigation – Our trial lawyers know how important it is to start investigations early before valuable evidence is lost or destroyed.
- Evidence gathering – Our legal team gets to work immediately on your case to identify, gather, and preserve crucial evidence. This could include medical records, lab results, witness statements, accident reports, photos and videos of the accident, property damage, and other critical documents and evidence. In some wrongful death cases, we may hire accident reconstruction experts to help illuminate and demonstrate how the accident occurred.
- Claim management and administration – Our wrongful death lawyers can handle all legal paperwork and manage your claim. We monitor legal deadlines and file petitions to preserve your rights.
- Negotiation – We negotiate with insurance companies and fight for fair compensation for our clients. We also provide custom-tailored legal advice about any settlement offers and whether you should accept a proposed settlement. At Powers & Santola, LLP, we never compromise the full value of your case for a quick settlement.
- Legal representation – Our wrongful death attorneys provide continued legal representation and support through each phase of your case. If your case goes to trial, we handle all court appearances and present compelling arguments before the judge or jury.
Powers & Santola, LLP is a well-respected and established law firm. We have recovered millions of dollars in financial compensation for personal injury victims and their families, including $5.2 million in a mother’s wrongful death case. Contact our law firm today to learn more about how we can help during a free consultation.
7. What Do I Have to Prove to Win a Wrongful Death Case?
Personal injury attorneys can help establish the following legal elements in a wrongful death case:
- The defendant acted negligently – This means that the defendant breached the standard of care.
- The negligence caused your loved one’s death – The defendant’s breach must have resulted in your loved one’s death.
- There is a surviving spouse, child, or parent – These parties must have relied on the decedent for financial support or otherwise suffered financially because of the death.
- The survivors suffered financial damages – This could mean they lost financial support, paid funeral expenses, or otherwise suffered economic harm because of the death.
An experienced personal injury lawyer can gather, preserve, and compile various forms of evidence to establish these elements, including:
- Witness statements
- Video surveillance footage
- Photos of the accident
- Maintenance records
- Accident reports
- Medical records
- Reports by expert witnesses
Knowledgeable wrongful death lawyers know how to best compile and present this evidence.
8. What Is the Legal Process of Filing a Wrongful Death Case?
Wrongful death actions are similar to personal injury cases, but they involve additional rules that make them more complex. Because only a personal representative or administrator can file a wrongful death lawsuit, a probate case will need to be opened so the court can grant a person with the legal authority to act on the heirs’ behalf. This person will receive letters of administration, which are the legal documents that confer the authority to act on behalf of the estate.
A wrongful death lawyer can then prepare a petition that sets out the basic facts surrounding the death and why the named defendant is financially responsible for it. Your lawyer can also handle litigation, including filing necessary legal motions and requesting discovery to prepare for the trial.
You may receive a wrongful death settlement during this process. The court will have to approve any such settlement. If your case concludes in an award of damages, the funds are distributed to the parties who stand to inherit in proportion to their financial losses.
9. What Is the Deadline to File a Wrongful Death Case?
The general statute of limitations for wrongful death cases in New York is two years after the decedent’s death. However, if the death was due to the negligence of a State or a municipal government or entity or one of their employees, you must file a notice of claim or notice of intention to file a claim within 90 days of the appointment of the personal representative.
10. How Long Will My Wrongful Death Case Take?
Every wrongful death case is unique, so there’s no definitive answer to this question. Various factors can affect the timing of a wrongful death claim, including how clear the liability is and how willing the defendant is to settle the case. It could take a few months for the case to settle. However, if the case goes to trial, you are likely looking at more than a year before the case is resolved.
Your wrongful death lawyer will be sensitive to your needs and aggressively negotiate for your full and fair compensation.
Contact the Wrongful Death Attorneys at Powers & Santola, LLP for Immediate Legal Assistance
If you recently lost a loved one in an accident caused by someone else’s carelessness, filing a wrongful death claim may help give you a sense of justice. It may also be able to provide financial relief to you and your family so you do not have to worry about economic losses when you are already grappling with such a tragic death.
If you have questions about filing a wrongful death claim, contact Powers & Santola, LLP, for a free consultation. We can answer your specific legal questions and address any concerns you have. Because we work on a contingency-fee basis and charge no upfront fees, you can learn more at no cost or obligation to you. Call us today to get started.
