Few situations are more tragic or disempowering than the sudden, premature death of a loved one. Spouses, children and other family members may end up experiencing profound grief after a loved one suddenly dies.
They may question what rights they have and may hope to hold the party they blame for the incident accountable. New York has a wrongful death statute that allows people to pursue legal action after a loved one dies due to the fault of an outside party.
However, there are important rules that limit wrongful death lawsuits. What do grieving individuals need to know about wrongful death statutes as they prepare to pursue justice?
1. There must be evidence of qualifying circumstances
Wrongful death lawsuits are only possible in specific situations. The plaintiffs initiating the lawsuit need to show that a preponderance of the available evidence supports their allegations asserting that the other party is to blame.
New York state statutes allow for wrongful death lawsuits in scenarios involving negligence, misconduct or default. Contractual violations, blatantly unsafe behavior and criminal activity can all provide grounds for wrongful death lawsuits. Plaintiffs typically also need proof of economic harm caused by the premature passing.
2. Only specific parties can file a lawsuit
Only one wrongful death lawsuit is possible, regardless of how many people feel the impact of a tragic premature passing. Business partners, unmarried romantic partners and friends usually can’t initiate litigation.
The personal representative of the decedent’s estate typically files a wrongful death lawsuit. They distribute damages among the immediate family members of the decedent in most cases.
3. There is a brief window of opportunity for litigation
State statutes generally limit how long plaintiffs have to pursue litigation. There are limits on personal injury lawsuits, including wrongful death litigation.
Typically, people need to initiate a wrongful death lawsuit within two years of an individual’s passing. There are occasionally rare exceptions to that rule, but grieving families usually need to decide to act quickly after a loved one’s passing.
Reviewing the situation that led to a loved one’s death can help families determine if a wrongful death lawsuit is possible. Successful litigation can give families closure and can provide compensation for the economic harm they suffer after someone dies unexpectedly.