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The state of New York has specific laws regarding wrongful death claims. To learn more, continue reading and reach out to our dedicated New York personal injury attorneys today.

What is a wrongful death claim in New York?

In the state of New York, there are several requirements that must be met in order for an individual to bring a wrongful death claim. These criteria include:

  • There was a death
  • The death was prompted by the negligence of another person
  • If the person had lived, the action against them would be illegal
  • The deceased left behind a family who has suffered a monetary loss as a result of the death
  • The grieving party may be entitled to compensation

Who is entitled to file for a wrongful death claim?

According to New York State law, the personal representative of the estate must be the one to bring a lawsuit to court. In many other states, anyone who has been intensely affected by the loss can bring a claim. It is important to recognize that the individual’s representative will seek damages for the deceased person’s family on his or her behalf.

What type of compensation can be recovered after a wrongful death?

The personal representative of the estate can recover a number of different types of compensation for the grieving family. In the state of New York, survivors are not permitted to recover for damages related to their pain and suffering, mental anguish, or loss of companionship, even if the deceased is a child. Instead, New York concentrates on the financial repercussions of the loss. In the event that you have lost a loved one and have a valid wrongful death claim, you may be entitled to the following types of damages:

  • Funeral costs
  • Compensation for medical bills and health care costs related to the person’s final time
  • 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
  • 9% interest on the recovery awarded, starting from the date of death

If you are in this unfortunate situation, do not hesitate to reach out to our firm today. Our legal team is dedicated to our clients and will take all necessary measures to help you and your family get through this unimaginably difficult time.


Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. We understand how challenging life can be without financial compensation for serious injuries you have wrongly sustained. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.