Can I File a Wrongful Death Lawsuit In New York?
Losing a loved one is one of the worst things anyone can ever go through. We know that there is nothing that can ever make up for your loss. The only thing you want is to have the person back. You may feel guilty for even considering filing a lawsuit at this point in your life. From a practical standpoint, however, opening up a wrongful death case may be able to help you take the first steps you need towards financially moving on from your immense loss.
Death is always tragic, but it can sting even more when a loved one’s passing comes as a result of someone else’s negligence. In the state of New York, you may be able to pursue a wrongful death lawsuit against anyone whose negligence, recklessness, or intentionality contributed to your loved one’s death. Still, not everyone has the right to file a wrongful death claim in New York.
Personal Representatives
While most states allow you to file wrongful death claims on behalf of a family member, this is not necessarily the case in New York. Instead, a personal representative of the decedent must file on their behalf. In such cases, the personal representative is acting as a substitute for the decedent against the liable party.
Anyone who is responsible for handling the decedent’s estate can be considered a personal 
representative. This includes family members. However, being a family member does not automatically qualify you to file a wrongful death claim for someone’s untimely passing. Wrongful death claims can compensate victims for any losses suffered by the decedent and the family as a result of the death. It is up to the personal representative to divide the final settlement amount to any relevant beneficiaries, heirs, or devisees.
Furthermore, when it comes to wrongful death cases, it is important to act in a timely fashion. In the state of New York, the statute of limitations for wrongful death is two years from the date of passing. However, the state may allow some extra time in cases where the decedent was a child and/or disabled. Failing to file your case in time could lead to it being indefinitely barred from the courts. In other words, you may not be able to take any legal action against the responsible party once the statute of limitations has expired.
Seeking Legal Help
We know that there is no turning back from losing someone you love. Nothing will ever be able to compensate for the loss you suffered. However, filing a wrongful death claim can help you get on the right track to financial stability and benefit your overall recovery process. If your loved one has recently passed as a result of someone else’s negligence, you have the right to seek legal help and compensation from a New York personal injury lawyer. Contact the law firm of Gattuso & Ciottoli, PLLC any time day or night at (315) 314-8000 for a free consultation drawing on over 50 years of combined legal experience. Our offices are based in Syracuse and we proudly serve the Central New York area, including Syracuse, Watertown, Binghamton, North Syracuse, Camillus, Liverpool, Cortland, and Auburn.