What Qualifies As A Wrongful Death Case In New York?

Suffering the unexpected loss of a loved one is a pain that no family should have to endure, especially when someone else’s negligence played a part. Wrongful death accidents are one of the most heart-wrenching and complex types of personal injury cases, involving not just legal and financial stakes, but also very personal grief.

At Langella & Langella, we understand how heavy this journey can feel, and we’re here to help you through the process with both clarity and compassion.

What’s Considered A Wrongful Death In NYS?

In New York state, a wrongful death occurs when an individual’s life ends due to the “wrongful act, neglect, or default” of another person or organization, creating a legal basis for a claim if the individual would’ve been able to sue while alive. Simply put: it’s a death caused by an accident that could’ve been avoided.

Such tragic outcomes can occur in a variety of situations and at the hands of various parties, from healthcare practitioners and product manufacturers to property owners and more. Some examples may include:

• Motor vehicle accidents, like car and truck collisions or pedestrian or bicycle-related fatalities.

• Construction or workplace accidents due to inadequate safety practices.

• Medical malpractice or other errors in healthcare.

• Defective product failures that result in fatal injuries.

• Negligent security or public safety violations, such as subpar supervision at public pools or sporting events.

The wide scope means that wrongful death law in New York can involve many types of defendants. And every single case requires thoughtful investigation to identify who might be liable.

Who Can File A Wrongful Death Claim In New York?

The personal representative (executor or administrator) of the deceased individual’s estate can file a wrongful death claim. This person is typically appointed through the deceased’s will or by a court. They can also be filed by the deceased individual’s children, parents, or spouse.

As for compensation, the damages from a wrongful death case are usually distributed to a surviving spouse, children, parents, and any other dependents or beneficiaries, as determined by the estate.

Why Time Is Of The Essence

New York law gives families a two-year window from the date of death to file a wrongful death lawsuit. And if you miss that deadline, you may lose your right to compensation, even when negligence is clear.

There are certain exceptions to this rule. For instance, medical malpractice-related deaths may extend the deadline to 2.5 years. Or, when the sole beneficiary is a minor, the deadline may be delayed until they turn 18 or a guardian is appointed.

Nonetheless, the sooner you begin the claims process, the better. Acting quickly helps preserve vital evidence, protects your legal rights, and gives your attorney the best possible chance of building a strong case.

We know that pursuing legal action after losing a loved one is extremely stressful and overwhelming. That’s why our team works to make the process as easy as possible–so you can focus on your family while we fight for the justice and compensation you deserve.

How Langella & Langella Can Help

When your world has been flipped upside down, you can turn to us and count on not just our legal experience, but also our respect and empathy.

Langella & Langella has experience in a range of wrongful death cases, including construction site accidents and other workplace-related deaths, car accidents, truck accidents, motorcycle accidents, and drunk driving accidents.

Our attorneys, Michael and Lindsay Langella conduct a thorough investigation to uncover all potentially responsible parties, collect evidence, consult third-party experts who can bolster your case, and above all, we stand by you. Langella & Langella is dedicated to providing thoughtful, honest opinions on your case when it matters most.

Grief Deserves Clarity & Justice

Losing a loved one is undeniably one of the most painful experiences anyone can endure. And in the aftermath, questions surrounding what happened–and who is responsible–can leave you reeling.

A wrongful death claim isn’t about putting a price on a life, but rather holding the right parties accountable and securing the support your family needs to move forward. At Langella & Langella, we approach every case with compassion and a commitment to finding the truth while guiding you through each step of the process.

If you believe you have a potential wrongful death lawsuit, you should not have to go at it alone. Partners Michael and Lindsay Langella are here to listen to your story, explain your options, and fight for the justice you deserve.

Contact us today at (631) 348-9500 for a Free Consultation so we can take the first step toward answers, accountability, and closure together