Who Can File a Wrongful Death Lawsuit?

In New York, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This typically refers to a spouse, adult child, or parent named in the will or appointed by the court. The compensation recovered goes to surviving family members who depended on the person who died.

If you have lost a loved one due to someone else’s negligence, you have the right to seek justice and financial compensation. But understanding who can legally file the claim is the first step.

“Anyone who is appointed as a personal representative by Surrogate’s Court as a testator in a will can file a wrongful death case,” explains Alexander Karasik, founder of Karasik Law Group in Brooklyn.

This guide explains who can file, who receives compensation, what damages you can recover, and how long you have to take action in New York.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil claim filed when someone dies due to another person’s or a company’s negligence, recklessness, or intentional act. It allows surviving family members to seek compensation for their losses.

“It is a lawsuit filed by a decedent’s family or legal representatives to seek damages for the negligence of others,” says Karasik.

Wrongful death is different from criminal charges. Even if the person responsible faces criminal prosecution, family members can pursue a separate civil lawsuit for financial compensation. The burden of proof is lower in civil cases, meaning families may recover compensation even when criminal charges are not filed or do not result in a conviction.

Who Can File a Wrongful Death Claim in New York

New York law is specific about who has standing to file a wrongful death lawsuit.

Only the Personal Representative

Unlike some states where family members can file directly, New York requires that the lawsuit be filed by the personal representative of the deceased person’s estate. This person is also called the executor or administrator.

If There is a Will

If the deceased person had a will, the personal representative is usually the executor named in that document. This is often a spouse, adult child, or trusted family member.

If There is No Will

If there is no will, the Surrogate’s Court appoints an administrator to handle the estate. Close family members can petition the court to be appointed as administrator. Priority typically goes to the surviving spouse, then children, then parents, then siblings.

The Personal Representative Files on Behalf of Beneficiaries

The personal representative does not keep the compensation. They file the lawsuit on behalf of all eligible beneficiaries, and any recovery is distributed to surviving family members according to New York law.

Who Receives Compensation in a Wrongful Death Case

While only the personal representative can file the lawsuit, compensation goes to the deceased person’s close family members.

Surviving Spouse

A husband or wife is entitled to compensation for loss of financial support, loss of companionship, and other damages resulting from their spouse’s death.

Children

Both minor and adult children can receive compensation. For minor children, this includes loss of parental guidance, nurturing, and financial support. Adult children may recover for the loss of inheritance and the relationship with their parent.

Parents

If the deceased person had no spouse or children, parents may be entitled to compensation. Parents can also recover for the wrongful death of a minor child.

Other Dependents

In some cases, other individuals who were financially dependent on the deceased may be entitled to a share of the recovery.

How Compensation is Divided

The distribution of wrongful death proceeds depends on New York estate law and may be subject to court approval. An experienced attorney can help ensure fair distribution among family members.

Types of Wrongful Death Cases

Wrongful death can result from many types of negligence and misconduct.

Medical Malpractice

When doctors, surgeons, nurses, or hospitals fail to provide proper care, patients can die from surgical errors, misdiagnosis, medication mistakes, birth injuries, or failure to treat serious conditions. Medical malpractice wrongful death cases require expert testimony to prove negligence.

Car, Truck, and Pedestrian Accidents

Fatal motor vehicle accidents caused by drunk driving, distracted driving, speeding, or other negligence give families the right to pursue wrongful death claims. Truck accidents often result in fatalities due to the size and weight of commercial vehicles.

Construction Accidents

Construction sites are dangerous. Falls from scaffolds, electrocutions, being struck by falling objects, and trench collapses kill workers every year. In New York, families may be able to sue the general contractor and property owner in addition to filing workers’ compensation claims.

Nursing Home Abuse and Neglect

When nursing homes fail to provide adequate care, residents can die from falls, infections, malnutrition, dehydration, medication errors, or untreated medical conditions. Families can hold negligent facilities accountable.

Defective Products

When dangerous or defective products cause death, manufacturers, distributors, and retailers can be held liable. This includes faulty vehicles, medical devices, medications, and consumer products.

Premises Liability

Property owners who fail to maintain safe conditions can be liable when unsafe premises lead to fatal accidents. This includes falls, drownings, and other accidents caused by negligent property maintenance.

Criminal Acts

When someone is killed by another person’s intentional act, surviving family members can pursue a civil wrongful death lawsuit regardless of the outcome of any criminal case.

What Compensation Can Family Members Recover

Wrongful death damages in New York compensate families for both economic and non-economic losses.

Medical Bills Before Death

If your loved one received medical treatment before dying, those expenses are recoverable. This includes hospital stays, surgery, medications, and emergency care.

Funeral and Burial Expenses

The reasonable costs of funeral services, burial or cremation, and related expenses are recoverable.

Lost Income and Financial Support

Families can recover the income the deceased would have earned over their expected lifetime. This includes salary, benefits, pension contributions, and the value of household services they provided.

Loss of Parental Guidance

When a parent dies, minor children can recover for the loss of guidance, nurturing, education, and moral support they would have received.

Loss of Inheritance

Family members can recover the inheritance they would have received if their loved one had lived a full life.

Grief and Emotional Suffering

New York has expanded wrongful death damages to allow recovery for grief and emotional anguish suffered by close family members. This is a significant change from older laws that limited recovery to purely economic damages.

Conscious Pain and Suffering

If the deceased experienced pain and suffering before death, the estate can recover damages for that suffering. This is separate from the wrongful death claim and is known as a survival action.

How Long Do You Have to File in New York

Strict deadlines apply to wrongful death cases. Missing these deadlines means losing the right to compensation forever.

General Wrongful Death: 2 Years

In New York, wrongful death lawsuits must generally be filed within 2 years from the date of death.

Medical Malpractice: Special Rules

For wrongful death caused by medical malpractice, the deadline is 2 years from the date of death or 2.5 years from the date of the malpractice, whichever is sooner. These cases have complex timing rules that require immediate legal consultation.

Claims Against NYC Government: 90-Day Notice

If your loved one died due to negligence by New York City, a city hospital, or another government entity, you must file a notice of claim within 90 days. The actual lawsuit has a shorter deadline than typical wrongful death cases.

Do Not Wait

“Generally, 2 years from the time of passing,” says Karasik about wrongful death deadlines. But waiting to the last minute is dangerous. Evidence disappears, witnesses become harder to locate, and building a strong case takes time.

Steps to File a Wrongful Death Lawsuit

Filing a wrongful death lawsuit involves several important steps.

Step 1: Consult with an Attorney

The first and most important step is consulting with an experienced wrongful death attorney. “The first thing you should do is call a good lawyer for a free consultation,” advises Alexander Karasik. An attorney can evaluate your case, explain your options, and guide you through the process.

Step 2: Appoint a Personal Representative

If no executor was named in a will, or if no will exists, someone must petition the Surrogate’s Court to be appointed administrator of the estate. Your attorney can help with this process.

Step 3: Investigate and Gather Evidence

Your attorney will investigate the circumstances of the death, gather medical records, obtain expert opinions, and collect evidence proving negligence.

Step 4: Calculate Damages

Determining the full value of a wrongful death case requires calculating lost income, future earning potential, loss of services, and non-economic damages. Economists and other experts may be consulted.

Step 5: File the Lawsuit

Once evidence is gathered and damages are calculated, your attorney files the lawsuit against the responsible parties.

Step 6: Negotiate or Go to Trial

Many wrongful death cases settle through negotiation. If a fair settlement cannot be reached, your attorney will take the case to trial. “Absolutely, we are trial attorneys and will take your case to trial if necessary,” says Alexander Karasik.

Wrongful Death Results at Karasik Law Group

Karasik Law Group has represented grieving families in wrongful death cases, fighting for the justice and compensation they deserve.

$850,000 Wrongful Death Settlement

The firm recovered $850,000, near the policy limit, in a wrongful death case. This result provided meaningful compensation to a family devastated by loss.

$1.5 Million Litigation Award

In a complex litigation matter, the firm recovered $1.5 million for the client.

Compassionate, Personalized Service

“We provide bespoke, individualized, highly personalized service to our clients and fight relentlessly to achieve top results,” says Karasik. Wrongful death cases require both aggressive advocacy and sensitivity to what families are experiencing.

With approximately 19 years of experience, Alexander Karasik handles these cases personally, ensuring families receive the attention and dedication their case deserves.

Why Families Choose Karasik Law Group

Losing a loved one is devastating. The last thing you want to think about is a lawsuit. But holding negligent parties accountable is important, both for your family’s financial security and to prevent the same tragedy from happening to others.

No Win, No Fee

“Clients don’t pay anything unless and until there is recovery,” explains Karasik. “We advance all costs of litigation.” Grieving families do not need to worry about upfront legal costs.

We Come to You

If you cannot travel due to grief or other circumstances, Karasik Law Group will meet you wherever is convenient, whether at home, in a hospital, or another location.

Direct Access to Your Attorney

“Yes, you can speak directly with your attorney about your case by phone, in person, or by text or email,” says Karasik. You will not be passed off to assistants or case managers.

Brooklyn Based, Serving All NYC and New Jersey

Karasik Law Group serves families in all five boroughs of New York City and throughout New Jersey. The firm also communicates in multiple languages, including Spanish, Russian, Uzbek, and Georgian.

Frequently Asked Questions

Can I file a wrongful death lawsuit if there is no will?

Yes. If there is no will, you can petition the Surrogate’s Court to be appointed as administrator of the estate. Once appointed, you can file the wrongful death lawsuit on behalf of the beneficiaries. An attorney can help you navigate this process.

How long does a wrongful death lawsuit take?

Wrongful death cases can take anywhere from several months to 2 to 3 years, depending on complexity, the amount of damages, and whether the case goes to trial. Cases against government entities or involving medical malpractice may take longer due to additional procedural requirements.

What if the person who caused the death has no money?

Wrongful death claims are typically filed against insurance policies rather than individuals. If the negligent party was a business, driver with auto insurance, property owner, or healthcare provider, insurance coverage likely exists. An attorney can identify all potential sources of compensation.

Can I file a wrongful death claim and still receive life insurance?

Yes. Life insurance proceeds are separate from wrongful death compensation. You can receive life insurance benefits and still pursue a wrongful death lawsuit against the negligent party.

What is the difference between wrongful death and a survival action?

A wrongful death claim compensates surviving family members for their losses. A survival action compensates the deceased person’s estate for the pain and suffering the deceased experienced before death. Both claims are often filed together.

Who pays for a wrongful death attorney?

Karasik Law Group works on contingency, meaning you pay no fees upfront. The firm only gets paid if you win your case. There is no financial risk to pursuing justice for your loved one.