Losing a loved one is devastating, but when that loss is due to someone else’s negligence, recklessness, or intentional misconduct, the pain is even more profound. Families are often left with emotional distress, financial burdens, and unanswered questions. At Rosenberg & Rodriguez, we are dedicated to helping families pursue justice and financial compensation through wrongful death lawsuits in New York.
A wrongful death lawsuit allows the surviving family members or the deceased’s estate to hold the responsible party accountable. While no amount of money can replace a lost loved one, a successful wrongful death claim can help cover medical expenses, funeral costs, lost income, and the emotional impact of the untimely death.
What is a Wrongful Death Lawsuit in New York?
A wrongful death lawsuit arises when a person dies due to the negligence, recklessness, or intentional act of another party. Under New York wrongful death laws, the lawsuit must be filed by a personal representative of the deceased’s estate on behalf of surviving family members.
Who Can File a Wrongful Death Claim in New York?
In New York, wrongful death claims must be filed by the executor or administrator of the deceased’s estate. However, the compensation recovered benefits close family members, including:
- Spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Other dependents (if financially reliant on the deceased)
Damages Recoverable in a New York Wrongful Death Lawsuit
A successful wrongful death claim can recover economic and non-economic damages, including:
- Medical expenses incurred before the victim’s passing
- Funeral and burial costs
- Loss of income and financial support
- Loss of benefits (e.g., health insurance, pension plans)
- Loss of parental guidance (for surviving children)
- Pain and suffering endured by the deceased before death
- Loss of companionship for the surviving spouse
Unlike some states, New York does not currently allow families to seek compensation for their own emotional distress. However, there have been ongoing efforts to change this law.
Common Types of Wrongful Death Cases
Wrongful death lawsuits can arise from various accidents, negligence, and intentional acts. Below are some of the most common causes:
1. Medical Malpractice
Medical professionals must follow a strict standard of care. When doctors, nurses, or hospitals fail in their duty, fatal consequences can occur.
Examples of Medical Malpractice Leading to Wrongful Death
- Misdiagnosis or Delayed Diagnosis – Failing to detect life-threatening conditions (e.g., cancer, heart attack).
- Surgical Errors – Mistakes during surgery leading to fatal complications.
- Medication Errors – Administering the wrong drug or incorrect dosage.
- Birth Injuries – Medical negligence during childbirth leading to maternal or infant death.
- Anesthesia Errors – Improper administration of anesthesia causing fatal reactions.
2. Motor Vehicle Accidents
Negligent drivers cause thousands of fatal crashes every year in New York. These accidents are often preventable and occur due to:
- Car Accidents – Reckless, distracted, or drunk driving.
- Truck Accidents – Driver fatigue, overloaded cargo, or mechanical failure.
- Motorcycle Accidents – Collisions caused by negligent drivers failing to yield.
- Pedestrian & Bicycle Accidents – Hit-and-run incidents or failure to obey traffic signals.
3. Workplace Accidents
Some workplaces, particularly construction sites and industrial environments, pose serious dangers. Fatal workplace accidents often result from:
- Falls from Heights – Scaffolding accidents, ladder falls, or roofing mishaps.
- Defective Equipment – Faulty tools or heavy machinery malfunctions.
- Exposure to Hazardous Materials – Chemical burns, explosions, or toxic exposure.
4. Defective Products (Product Liability)
Manufacturers have a legal duty to ensure products are safe. Fatal injuries may result from:
- Dangerous Pharmaceuticals – Medications with deadly side effects.
- Defective Medical Devices – Pacemakers, implants, or surgical tools malfunctioning.
- Faulty Auto Parts – Defective brakes, airbags, or tires leading to crashes.
- Unsafe Consumer Products – Products prone to fires, choking hazards, or toxic materials.
5. Criminal Acts / Intentional Torts
Even if someone commits a crime, a wrongful death lawsuit is separate from criminal prosecution. Family members can seek civil damages for:
- Homicide / Murder – The victim’s family can sue the perpetrator in civil court.
- Assault and Battery – If an attack results in death.
- Negligent Security – Property owners failing to prevent foreseeable violent crimes.
6. Nursing Home Negligence & Elder Abuse
Many families trust nursing homes to care for their loved ones. Unfortunately, neglect and abuse can lead to wrongful death.
Examples of Nursing Home Wrongful Death Cases
- Neglect – Failing to provide necessary medical care, hydration, or nutrition.
- Physical Abuse – Harm leading to fatal injuries.
- Medication Mismanagement – Overmedication or incorrect prescriptions.
7. Premises Liability (Slip & Fall / Unsafe Property)
Property owners must keep their premises safe. Fatal accidents can result from:
- Unsafe Buildings – Poor maintenance leading to structural collapses.
- Fire Hazards – Lack of fire safety measures.
- Drowning Accidents – Unprotected pools or lifeguard negligence.
- Inadequate Security – Failure to prevent foreseeable crimes.
8. Aviation & Boating Accidents
Both plane and boat accidents can result in wrongful deaths due to negligence. These include:
- Plane Crashes – Pilot error, mechanical failure, or air traffic controller mistakes.
- Boat Accidents – Lack of safety equipment, overcrowding, or operator negligence.
9. Exposure to Toxic Substances
Some wrongful death cases involve long-term exposure to hazardous chemicals. Examples include:
- Asbestos Exposure (Mesothelioma cases)
- Chemical Poisoning in workplaces or contaminated water supplies.
How Long Do You Have to File a Wrongful Death Lawsuit in New York?
New York’s statute of limitations for wrongful death claims is two years from the date of death. However, some exceptions apply:
- Medical Malpractice Cases – May have additional discovery rules.
- Government Entity Claims – Require a notice of claim within 90 days.
To avoid missing deadlines, consult our wrongful death attorneys as soon as possible.
Contact Rosenberg & Rodriguez for a Free Consultation
At Rosenberg & Rodriguez, we are committed to helping families seek justice after losing a loved one. Our experienced attorneys will guide you through the legal process, ensuring your case is handled with compassion and expertise. Call us today at (718) 509-4960 or fill out our online contact form for a free consultation.
