Who Can Bring a Wrongful Death Claim in New York?

A wrongful death lawyer New York, NY residents trust meets with many clients who have lost loved ones due to the negligent actions of someone. Families are often overwhelmed by grief over the tragic loss of their family member. Not only are their devastating emotional losses to bear, but there is often high financial losses, as well. People who have who have suffered the loss of loved one caused by the actions or behavior of another should contact a New York wrongful death lawyer to find out what legal recourse they may have against the negligent party.

A wrongful death claim is an action that a wrongful death lawyer New York, NY relies on can file on behalf of the victim’s survivors and/or their estate. They are referred to as the plaintiff(s) in the action. The person or (persons) who is responsible for the death is the defendant. In order to meet the elements of a wrongful death action, the law requires the following:

  • The death was caused by the wrongful action or behavior of the defendant;
  • If the victim had survived, they would have been able to file a personal injury claim against the defendant;
  • The plaintiff has suffered a loss as a result of the death of the victim; and
  • There are damages the estate is legally allowed to recover.

Who Can Bring a Wrongful Death Claim in New York?

A wrongful death lawyer in New York, NY may discuss with survivors the different legal options allowed under the law regarding their wrongful death claim. The law recognizes that there are different family members who may be entitled to damages, and states as follows:

  1. A spouse with no children: All awarded damages go to the spouse;
  2. A spouse and children: $50,000 and half of the balance of awarded damages goes to the spouse and the balance of damages is equally divided among the children;
  3. Children and no spouse: All awarded damages are equally divided among the children;
  4. One or both parents, when there are no spouse or children: All awarded damages go to surviving parent or parents;
  5. Siblings or their children, when there is no spouse, children, or parents: All awarded damages are equally divided among the siblings.

Let a Wrongful Death Lawyer New York, NY Victims Trust Fight for You

Losing a loved one because of the negligent actions of someone else is a tragic experience. Although no amount of money can ever make up for that loss, the party responsible for your loved one deaths should pay the maximum damages New York allows in order to alleviate the financial burdens a loss like this can cause for families. Don’t hesitate to contact an experienced lawyer for counsel.

The compassionate attorneys at Okun, Oddo & Babat are happy to discuss your case in detail during a complimentary case evaluation. To schedule an appointment with a trusted New York wrongful death lawyer has to offer, contact us today at 212-642-0950 or fill out a contact form from our website.