When a person loses their life due to the wrongful actions of another person or corporation it is completely unacceptable. In New York, only certain parties are eligible to file wrongful death claims on behalf of a decedent. If you have lost a loved one due to a wrongful act that could have otherwise been prevented, please don’t hesitate to contact our determined and compassionate Westchester County Wrongful Death Attorneys who can help you seek justice on behalf of your loved one.
Can anyone file a wrongful death claim?
In New York, eligibility for who can file a wrongful death claim is limited to personal representatives (also known as executors). Typically, when a person creates a will they will appoint an executor to carry out their wishes after they’ve passed. If a decedent does not have an established will with a designated personal representative, the court will select one on their behalf. In most states, eligibility is restricted to either a spouse, a child, or a parent. If the decedent did not leave behind one of these parties, a blood or by marriage family member who depended on the decedent is entitled to file a wrongful death claim on behalf of the deceased. However, only personal representatives are legally entitled to bring wrongful death claims in the state of New York.
How long do personal representatives have to file a claim?
According to the statute of limitations, personal representatives have two years from the date of their loved one’s death to file a wrongful death claim on their behalf. However, if the cause of the decedent’s death was due to an illness or injury as a result of medical malpractice, personal representatives have two and a half years from the date of death to bring a wrongful death claim against a guilty party. Personal representatives must file a claim within this time frame or they will be barred from doing so in the future. To successfully prove a person died of a wrongful death, personal representatives must prove that if the guilty party had acted differently the deceased would still be alive today. Additionally, they would need to prove that if the deceased was still alive today, they would be entitled to file a personal injury claim if they had survived the illness or injury that caused their death.
In the unfortunate event that you have lost a loved one due to the wrongful acts of another person, reach out to one of our knowledgeable and skilled team members. Our firm understands how complex and emotionally overwhelming this type of lawsuit can be for the decedent’s surviving family. Our firm is dedicated to guiding our clients through this intricate legal process to recover just compensation for damages.