Losing a loved one due to another's negligence is devastating. In New York, wrongful death claims can be brought by the personal representative of the deceased person's estate. These claims seek compensation for the family's losses, including lost financial support, loss of parental guidance, funeral expenses, and the pain and suffering of the deceased prior to death. Janusas Law handles these sensitive cases with compassion while pursuing aggressive legal action.
Common Injuries
- Fatal car, truck, and motorcycle accidents
- Medical malpractice resulting in death
- Workplace and construction fatalities
- Defective product deaths
- Pedestrian and bicycle fatalities
What to Do After an Accident
- 1Contact an attorney as soon as possible — there is a 2-year statute of limitations
- 2Preserve all evidence related to the incident
- 3Obtain the death certificate and autopsy report
- 4Keep records of all funeral and related expenses
- 5Do not communicate with the at-fault party's insurance
Why Choose Janusas Law for Your Wrongful Death Case
Compassionate, personalized approach during your most difficult time
Thorough investigation of all responsible parties
Understanding of NYS wrongful death and survival action statutes
Maximizing compensation for your family's future
Frequently Asked Questions About Wrongful Death
Get answers to common questions about wrongful death cases in New York.
Only the personal representative (executor or administrator) of the deceased person's estate can file a wrongful death claim. The claim is brought on behalf of the distributees, which may include the surviving spouse, children, and parents of the deceased.
The statute of limitations for wrongful death in New York is 2 years from the date of death, not from the date of the negligent act that caused the death. It is critical to contact an attorney promptly to ensure your claim is filed on time.
Recoverable damages include funeral and burial expenses, loss of financial support, loss of parental guidance (for minor children), medical expenses incurred before death, and conscious pain and suffering of the deceased. The goal is to compensate the family for their economic and emotional losses.
A wrongful death case is filed by the estate representative rather than the injured person, has a shorter statute of limitations (2 years vs. 3 years), involves different damage categories focused on the family's losses, and may proceed simultaneously with criminal proceedings against the responsible party.
Related Case Results
Past results do not guarantee future outcomes. Every case is unique.
$0.85M
Wrongful Death
Negligent driving fatality
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