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FAQ: Should I File a Wrongful Death Lawsuit in New York?

When a defendant acts negligently or causes intentional harm resulting in death, you may have cause to pursue a wrongful death lawsuit. Typically, an immediate family member as appointed by the Surrogate’s Court is the only person who may file a claim, or an administrator of an estate or executor of a will may do so, as well.

What Are the Basics?The Scales of Justice sitting unevenly in a court room

If a fatality occurs as the result of full or partial negligence or the intentional behavior of another person or entity, you may have a wrongful death case against that party.

What Are Some Examples of Wrongful Death?

Cases can arise from auto accidents, medical malpractice, construction accidents, nursing home neglect and abuse, product liability cases involving dangerous and/or defective products, and police misconduct. The most common of these are auto accidents. There are more than 12 million licensed drivers in New York state alone, and most road fatalities are caused by negligent acts, such as driving under the influence (DUI), speeding, distracted driving (texting and phone calls), and running red lights.

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

Every state has a “statute of limitations,” which limits your time to file a claim. New York limits this to two years from the date of the fatality. However, some provisions may offer an extension.

At Leav & Steinberg LLP, we know how difficult it is to discuss the loss of a loved one. Our experienced attorneys are here to represent you every step of the way. Many of our clients have been awarded large amounts of compensatory damages, and we do not charge attorney fees unless your case is won. Call us at 212-766-5222 or request your free consultation online today.