Who Can File a Wrongful Death Claim in New York?

Losing a loved one is a heart wrenching experience, and when a loss is caused by someone else’s negligence, grief is often compounded by anger and a deep sense of injustice. At Chelli & Bush, Attorneys at Law, our wrongful death lawyers in Staten Island understand that no amount of money can replace a family member. However, a wrongful death claim can provide the financial stability and sense of accountability your family needs to move forward. Here, we discuss who can file a claim and what the process entails.

Key Takeaways

• Typically, only the executor or personal representative of the deceased person’s estate can file a wrongful death lawsuit on behalf of the family.
• You have two years from the date of death to file a lawsuit, although there are rare exceptions.
• Wrongful death damages typically cover funeral costs, medical bills incurred before death, and the loss of financial support a loved one provided.
• Our Staten Island wrongful death attorneys have recovered more than $500 million in damages and provide the compassionate, relentless advocacy you deserve.

What Is a Wrongful Death Claim?

In New York, a wrongful death claim is a legal action that is brought when a person dies due to the "wrongful act, neglect, or default" of another party. While a personal injury claim is filed by an injured person to recover for their own damages, a wrongful death claim is designed to compensate survivors for losses suffered due to a loved one’s death.

What Is a Survival Action?

Our Staten Island wrongful death attorneys may also pursue a survival action in addition to a wrongful death claim. This addresses the "conscious pain and suffering" the deceased endured between the time of their injury and their death. This helps families find a sense of justice, as the negligent party is held accountable for every moment of harm they caused. Our personal injury lawyers can evaluate your case and provide the compassionate guidance your family needs during this difficult time.

Who Has Legal Standing to File a Wrongful Death Claim in New York?

In New York, the law requires the executor or personal representative of a deceased person’s estate to bring a wrongful death claim on behalf of beneficiaries.

Any compensation is then distributed to those beneficiaries, including

• Surviving spouse
• Children
• Parents (if there are no spouses or children)
• Siblings, if they are the executor or closest surviving family members

In some cases, exceptions apply when filing a wrongful death claim in New York. For example, if the deceased was a minor child, the parents have the right to bring a claim. However, certain people may be disqualified from recovering damages, such as a parent who abandoned a child or a spouse who abandoned the deceased.

How a wrongful death settlement or award is distributed depends on the specific circumstances. If your loved one had a will, it doesn’t mean a settlement or award is automatically divided according to its terms. Proceeds are often dispersed based on the actual economic loss of the survivors, not specific percentages outlined in the will.

If your loved one dies without a will, New York’s intestacy laws dictate how assets are distributed. Typically, first $50,000 and half of the remaining balance goes to the spouse, with the rest divided among the deceased’s children.

Our Staten Island wrongful death lawyers understand these legal requirements and can help you determine the best path forward for your family.

Types of Wrongful Death Damages in New York

While no amount of money can replace a loved one, wrongful death damages are designed to provide the justice and financial stability your family needs to move forward.

Recoverable damages in wrongful death cases include:

• Funeral and burial expenses —Reasonable costs associated with the funeral, cremation, or burial.
• Loss of financial support —Wages and benefits the deceased would have earned and contributed to the household over their expected lifetime.
• Loss of services and support — The value of chores, childcare, and other household tasks the deceased performed.
• Loss of inheritance —Assets the deceased likely would have accumulated and left to their beneficiaries had they lived.
• Loss of parental guidance — Surviving children may recover for the loss of the nurture, care, and intellectual and moral training a parent provides.

The Legal Process for Wrongful Death Claims

Navigating a legal claim while grieving is emotionally taxing and overwhelming. Your wrongful death attorney manages every aspect of your case so you and your family can focus on supporting each other.

• Appoint the representative — If an executor or personal representative hasn’t been appointed, your wrongful death lawyer petitions the court to recognize the correct person to bring the claim.
• Investigate the case — Our team thoroughly investigates and gathers evidence such as medical records, camera footage, police reports, and witness testimony.
• Valuation and strategy — Your personal injury attorney works with financial and medical experts to calculate the scope of your loss and prepares a solid case for negligence based on the facts and the law.
• File the claim — Our team prepares and submits all necessary documents within required legal deadlines.
• Negotiate with insurers — Once your claim is submitted, we negotiate voraciously on your behalf and won’t back down unless a settlement offer reflects the full value of your claim.
• Prepare for trial — If the insurance company refuses to offer a fair settlement, we bring your case before a judge and jury to seek the justice your loved one deserves.

Why Choose Our Staten Island Wrongful Death Lawyers?

With over 50 years of experience and more than $500 million recovered, Chelli & Bush, Attorneys at Law, has the resources, experience, and tenacity to handle complex wrongful death cases. Our attorneys understand that you may be facing one of the most difficult times of your life. We’re dedicated to helping our neighbors in Staten Island, Brooklyn, and the greater NYC area feel supported throughout the legal process so they can take time to heal and move forward. 

Find a Wrongful Death Attorney Near You in Staten Island

The team at Chelli & Bush, Attorneys at Law, provides the compassionate, relentless legal advocacy you need after the wrongful death of a loved one. Contact us or call 718-987-8444 to schedule a free, no-obligation consultation with a wrongful death lawyer near you in Staten Island, NY. 

Frequently Asked Questions about Wrongful Death Claims in New York

How much does a wrongful death lawyer cost?

Our personal injury law firm in Staten Island takes cases on contingency. This means you won’t incur any upfront costs, and we only get paid if we win your case.

How long do I have to file wrongful death lawsuit in New York?

In most cases, you have two years from the date of the death to file a wrongful death lawsuit in New York. However, it’s important to act quickly to preserve evidence and build a strong case.

Do I need a wrongful death attorney?

While not legally required, hiring an experienced attorney ensures that your rights are protected and gives you the best chance of a successful outcome for your case.



What if the wrongful death happened at work?

If your loved one died due a work-related accident or occupational disease, you may be able to file a third-party workplace claim. Our team can help you understand how this process works and guide you every step of the way.