Westchester County Wrongful Death Attorneys

Reviewed by Jay S. Hausman, Esq.

When the negligence of a person or company causes the death of a loved one, the family left behind may have a claim for wrongful death. As families try to heal from the shock and sadness of the sudden loss, they often don’t consider the fact that someone should hold the negligent party accountable for their actions and recover damages that will help ease the financial burden of the loss. Hausman Law Group has been a legal resource for the families of wrongful death victims for decades. Through these difficult times, you need to heal while we focus our attention on getting your fair compensation for lost wages, funeral expenses, and other unforeseen costs. Allow our firm to relieve the stress of the future while you focus on healing in the present. If you need a team of effective, compassionate, and determined attorneys to guide you through your wrongful death case, contact Hausman Law Group.

What Is Wrongful Death?

According to New York State, there are a number of criteria that must be met in order to successfully bring a wrongful death claim. These include the following:

• There was a death
• The death was caused by the negligence of another person
• If the deceased had lived, they would have been entitled to bring a personal injury claim against the negligent party
• The deceased left behind a family who has suffered a financial loss as a result of the death
• The grieving party could be entitled to compensation

Legal Criteria for Proving a New York Wrongful Death Case

It’s important to understand that, in order to establish liability following a wrongful death or fatal accident in New York, certain elements must be established to prove negligence. As such:

• To successfully prove that someone’s death was wrongful, the personal representatives of the estate must prove that, had the defendant acted differently, the deceased would still be alive
• Similarly, the personal representative must show that, if the deceased were still alive, they would be entitled to pursue a personal injury claim if they had survived the injury or illness that ultimately caused their death

Who Can File a Wrongful Death Claim?

The personal representative of the estate must be the one to bring a lawsuit to court, according to New York law. Other states are different and allow anyone deeply affected by the loss can bring a suit. New York, however, does not. The representative will seek damages for the deceased person’s family on their behalf.

Eligibility and Statutory Priority in New York State

It’s important to understand that, in New York, only certain individuals have the legal authority to pursue compensation for a wrongful death.

• New York limits eligibility for a wrongful death claim to the personal representative (executor) of the deceased’s estate. This individual is often named in a Last Will and Testament.
• If no will exists, the court will appoint a personal representative.
• In wrongful death cases, surviving spouses typically receive first priority. However, if the decedent was unmarried or has no surviving spouse, their children can make a claim. If they did not have children, the deceased’s parents can pursue a claim.
• If someone passes away without a surviving spouse, children, or parents, more distant relatives may be eligible to file a claim.

New York Wrongful Death Statute of Limitations

Filing a timely lawsuit is critical to preserving your family’s legal rights. Missing a statutory filing window in New York will permanently bar your estate from recovering damages from the negligent entity.

Strict Legal Timelines for Wrongful Death Claims

The timeframe to bring a claim against a responsible party fluctuates depending on the exact nature of the injuries or malpractice that precipitated the passing.

• According to the statute of limitations, personal representatives have two years from the date of their loved one’s death to file a wrongful death claim on their behalf. Wait any longer than that, and your case is likely to be thrown out.
• However, if the cause of the decedent’s death was due to an illness or injury as a result of medical malpractice, personal representatives have two and a half years from the date of death to bring a wrongful death claim against a guilty party.

Recoverable Damages

The personal representative of the estate can recover a variety of damages on behalf of the bereaved family. New York does not allow the survivors to recover for damages related to their pain and suffering, mental anguish, or loss of companionship, even if the deceased is a child. New York focuses on the financial impact of the loss. If you have lost a loved one and have a valid wrongful death claim, you may be entitled to:

• Compensation for medical bills and health care expenses related to the person’s final moments
• Funeral costs
• Wage and other benefits lost by the death
• Financial support related to the support and services provided by the deceased
• Pain and suffering endured by the deceased in their final moments
• Lost inheritance for surviving children
• Interest on the recovery awarded, starting from the date of death

Nursing Home Wrongful Death Claims in Westchester County

Unfortunately, many wrongful death claims arise from nursing homes and other long-term care facilities, as the residents and patients of these locations may be subject to institutionalized neglect, abusive conditions, unsanitary environments, or careless medical care, all of which can contribute to a wrongful death.

Primary Causes of Nursing Home Fatalities

Understanding the causes of wrongful deaths in nursing homes is critical to ensure you can be on the lookout for signs that your loved one may be a victim of neglect or abuse.

• Medication errors
• Slip and fall accidents
• Untreated medical issues
• Malnutrition or dehydration
• Misdiagnosis or delayed diagnosis
• Intentional abuse or physical violence

Identifying Liable Parties in Assisted Living Abuse Cases

When someone dies as a result of abuse, neglect, or careless medical care, it can be difficult to determine liability, as there are a number of personnel, ownership, and contracted parties working within the nursing home. As such, working with an experienced attorney is critical to help you fight for justice on behalf of your loved one.

• Nursing home medical personnel
• The owners of the facility
• Administrative employees of the facility
• Third-party caregivers who get brought into the nursing home
• Other residents

Contact Our New York Wrongful Death Attorneys

Hausman Law Group is a compassionate and effective law firm helping clients with their personal injury matters. If you have lost a loved one because of another person’s negligence, you need to contact a Westchester County personal injury attorney to represent your family’s needs while you focus on healing from the loss. If you need an attorney to assess your case, guide you through your legal options, and passionately represent and protect the rights and future of your family, contact Hausman Law Group for a free consultation.