July 13, 2023 | Publications

Wrongful Death Lawsuit in New York

A wrongful death case arises as a consequence of another party’s negligence or recklessness. His or her estate can bring a wrongful death lawsuit and can be awarded damages for the beneficiaries of the deceased. In New York and New Jersey, a wrongful death lawsuit must be filed within two years of the date of death.  The person who will end up filing a wrongful death lawsuit on behalf of the deceased plaintiff will often be the plaintiff’s closest surviving relative.

Who Can Bring a Wrongful Death Lawsuit in New York?

The Personal Representative of the Decedent’s Estate, typically appointed through the decedent’s will or by the court in the absence of a will, is commonly the primary individual authorized to initiate a wrongful death action.

Surviving Spouse: The surviving spouse holds the legal right to file a wrongful death lawsuit.

Children: In the absence of a surviving spouse, the surviving children of the deceased are entitled to pursue a wrongful death claim.

Parents: If there is neither a surviving spouse nor surviving children, the parents of the deceased person may qualify to bring forth a wrongful death action.

Distributees: Should there be no surviving spouse, children, or parents, other individuals designated as distributees under the laws of intestacy, which govern estate distribution in the absence of a will, may possess the right to initiate a wrongful death lawsuit. 

Proving Your Claim

It must be shown that the defendant in the case acted negligently and that the defendant’s negligent act or failure to act resulted in the person’s death. At Karasik Law Group, we handle wrongful death cases involving:

Significant Impact

When a family member dies unexpectedly, it can have a significant impact on many different aspects of their loved ones’ lives. For this reason, financial compensation may be available for a wide range of different issues, including:

–           Medical expenses

–           Funeral expenses

–           Loss of income

–           Loss of companionship

These forms of compensation can be a crucial form of aid as a family struggles to recover from this difficult situation. 

How a New York and New Jersey Wrongful Death Attorney Can Help

It is critical to have a knowledgeable attorney thoroughly investigate what happened, gather extensive evidence and build a strong case on your behalf. At Top-Rated Law Firm Karasik Law Group, our attorneys are experienced wrongful death attorneys. We will fight for your family’s right to compensation for every dollar you are entitled to under the law.  Call us to today at (718) 502-9112 to schedule a Free Consultation. And be sure to visit our website at www.karasiklawyers.com. At Karasik Law Group, winning matters. Win with us! We speak for the injured, our results speak for themselves.

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