Wrongful Death FAQ

What Type of Wrongful Death Case Do You Have?

• Medical Malpractice Fatalities
• Fatal Auto & Truck Accidents
• Fatal Construction & Crane Accidents
• Wrongful Death Practice Center
  • The Wrongful Death of a Child or an Elderly Person
  • Wrongful Death Resource Links
  • Wrongful Death - An Overview
  • Wrongful Death Contact Form
  • The Physician-Patient Privilege in Wrongful Death Cases
  • Monetary Damages in Wrongful Death Cases
  • Frequently Asked Questions about Wrongful Death
  • Statutes of Limitations and the Discovery Rule
• Wrongful Death FAQ
• Police Brutality
• Product Liability

What is a wrongful death claim?

A wrongful death claim is a claim filed by the survivors of someone who has died because of someone else's negligence.

Who has the right to bring a wrongful death claim?

Parents, spouses and children are eligible to file a claim, although minors may need an adult guardian to bring a lawsuit. In some cases, other family members or legal dependents may also have the right to file a wrongful death claim.

Can I receive compensation for my emotional distress following the wrongful death of a relative?

Unfortunately, the law in New York does not permit a person to recover for the emotional injury suffered from the death of a loved one, except in special situations in which a family member witnesses the serious injury or death of a loved one. In such cases, the family member who was within the "zone of danger" at the time of the accident may be able to recover damages for emotional distress.

There can, however, be recovery for the pain and suffering the deceased endured before his or her death, as well as damages for economic loss. Recovery for "economic" losses is not limited to lost earnings. For example, loss of parental guidance and other services that had been provided by the decedent have an "economic" value that is compensable.