Wrongful Death

Who Can Bring a NY Wrongful Death Action?

Unlike many other states, New York does not allow a family member to file a wrongful death action for the loss of a loved one unless that family member is the personal representative of the decedent’s estate. The personal representative can pursue damages for family members and for the estate. Damages in a wrongful death case may include:

• Funeral/burial costs
• Medical expenses
• Lost wages and other benefits
• Loss of support, service, care, companionship, and guidance
• Conscious pain and suffering experienced prior to death
• 9% interest on damages awarded, starting from the date of death

Surviving family members may not recover financial compensation for their own pain and suffering, though children may recover damages for the loss of a parent’s care, support, and guidance.

How Long Do I Have to File a Wrongful Death Claim?

The statute of limitations to file a wrongful death claim in New York is two years from the date of your loved one’s passing. The statue of limitations is a law that all states have that limits the amount of time an individual has to file a claim before they lose their legal right to do so. While there are some exceptions to this two year rule, generally, if you do no file a claim within this time period you will lose your right to file and recover compensation for your loss. It’s important to note that the date of your loved one’s death may be different from the date they suffered the injuries that led to their death. Speak to a lawyer at our firm today to learn more about wrongful death laws and how our team of attorneys can help you.

Serving Families in the Hudson Valley

As Hudson Valley wrongful death attorneys, we at The Ahearne Law Firm know what it takes to hold individuals and corporations accountable for their negligence or wrongdoing. From pedestrian accidents on NYC streets to claims against manufacturers of defective medical devices, our team fights tirelessly to see that justice is served.