Dealing with the death of a loved one is hard no matter what the circumstances are, but if that death is due to the negligent actions of a third party it becomes much more difficult. This is why it is possible to file for wrongful death in the state of New York. According to FindLaw, there are specific individuals who are entitled to file for wrongful death.
In the state of New York, there are four specific groups of people who may be entitled to file for wrongful death. These individuals are the deceased’s spouse, children, parents, or personal estate representative. Siblings and other family members are typically not allowed to file for wrongful death unless they are named as the estate representative. However, even if a sibling or other family member is named as the estate representative, if there are surviving children, parents, or a spouse, the named representative may still not be able to file for wrongful death in their stead.
Wrongful death itself may only be filed if certain parameters are met. The death of the person in question must have been caused by negligence or wrongful conduct of a third party. Additionally, the deceased must have been able to file a lawsuit and potentially recover damages if he or she did not die. Finally, there must be survivors that must deal with damages directly due to the death.
Wrongful death in the state of New York must be filed within two years of the death occurring. This is why, if the deceased’s survivors are interested in making a filing, they should do so as soon as possible.