When a loved one passes away due to someone else’s negligence, families are left with not only grief but also questions about their legal rights. In New York, wrongful death lawsuits provide a way for certain individuals to seek justice and financial compensation for their loss. However, the law is very specific about who can file such a claim.

Who Has the Legal Right to File?

In New York, unlike some other states, family members themselves cannot directly file a wrongful death lawsuit. Instead, the personal representative (executor or administrator) of the deceased person’s estate must bring the claim. This representative acts on behalf of the surviving family members who suffered losses due to the death.

Who Can Benefit From the Lawsuit?

Even though the personal representative files the claim, the damages recovered are distributed to eligible surviving family members. Those who may benefit typically include:

• The spouse of the deceased
• The children of the deceased
• The parents of the deceased (if there is no surviving spouse or children)
• Other dependent relatives in limited circumstances

Types of Compensation

A wrongful death lawsuit in New York can pursue compensation for:

• Funeral and burial expenses
• Medical costs related to the final injury or illness
• Lost wages and benefits the deceased would have provided
• Loss of parental guidance, care, and support
• Conscious pain and suffering experienced by the deceased before death

Time Limit to File

New York law requires that wrongful death lawsuits be filed within two years from the date of death. Missing this deadline can bar families from pursuing compensation.

How an Attorney Can Help

Navigating wrongful death claims is a difficult process while grieving. At the Law Offices of John E. Gray, we provide compassionate legal assistance to families in Queens and Bronx Counties, guiding them through each step and protecting their rights under New York law.