There is nothing more difficult to endure than the unexpected loss of a loved one, particularly when that loss occurs due to the negligent or deliberately wrongful acts of someone else. New York personal injury law allows spouses, children, and parents to take legal action against the party responsible for the death in a court of law. There are, however, certain elements of the New York wrongful death statute about which families of wrongful death victims should be aware. Only an experienced New York personal injury lawyer can evaluate your case if you have lost a member of your family in a tragic accident that was not his or her fault; however, the following basic information pertains to virtually every wrongful death action brought in the state.

New York Wrongful Death Statute of Limitations

The statute of limitations is a time limit within which a lawsuit must be filed, or else the family of the wrongful death victim is permanently barred from taking legal action. In New York, the statute of limitations in wrongful death cases is two years from the date of death.

Wrongful Death Damages

According to New York personal injury law, plaintiffs may not be awarded compensation for pain and suffering in wrongful death cases. This separates New York from many other states. The families of wrongful death victims can recover special damages (e.g., funereal expenses, medical bills) and general damages (current and future monetary losses, including lost future wages, lost future benefits, and other losses that can be reasonably projected). Only an experienced New York wrongful death lawyer can identify the exact damages to which families are entitled.

Wrongful Death Claims

Wrongful death claims can be filed in response to any fatal accident that was caused by another party's negligent or deliberately wrongful actions. Common accidents resulting in wrongful death claims include auto accidents, medical malpractice, motorcycle accidents, and slip-and-fall accidents.