Table of Contents
Key Takeaways
- In New York, a wrongful death claim may allow surviving family members to recover financial compensation when a fatal car accident was caused by another person’s or entity’s negligence.
- Wrongful death claims often involve complex issues of liability, damages, and insurance coverage, making early investigation and strong evidence especially important.
- Families generally have two years to file a wrongful death lawsuit in New York, but certain exceptions and shorter deadlines may apply depending on the circumstances.
In the aftermath of a fatal car accident, families are often left with not only grief but also painful questions, unexpected bills, and fear about what the future will look like without the person who was lost. If the crash was caused by another driver, company, or other party, surviving family members may have the right to seek financial compensation for their loss by filing a wrongful death claim. While no legal claim can make the situation right, a successful one can help relieve some of the financial strain caused by funeral expenses, medical bills, lost income, and the absence of the support your loved one provided.
In this article, we’ll explain how wrongful death claims work in New York, including who may be able to bring one, what compensation may be available, and why working with an experienced attorney is critical in these cases.
Click here to schedule a confidential consultation or call our office at 631-752-8580.
Legally Reviewed By
Scott F. Odierno
Attorney/Partner
Long Island accident lawyer Scott F. Odierno was born in Bronx, New York, in 1967, and moved to Long Island in 1973. He obtained a Bachelor of Arts in Medieval and Renaissance History from Brown University in 1989. At Brown, Scott was captain of the Baseball team and a First Team All-Ivy catcher. Scott joined The Odierno Law Firm, P.C. upon graduating from New York Law School in 1992. His practice is concentrated in two fields: Personal Injury and No-Fault litigation. He is admitted to practice in Federal Court in both the Eastern and Southern Districts of New York in addition to all New York State Courts.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that may be brought when someone dies because another person or entity acted negligently or wrongfully. In the context of a fatal car accident, this generally means the crash could have been prevented had the at-fault party exercised reasonable care. Common examples include drunk driving, distracted driving, speeding, or other dangerous behavior behind the wheel.
It is important to understand that a wrongful death claim is separate from any criminal case. For example, if a driver is charged with driving while intoxicated or another crime, those criminal proceedings are brought by the government and are intended to punish the offender. A wrongful death lawsuit, on the other hand, is a civil action that seeks financial compensation for the family members who have suffered the loss.
Who Can File a Wrongful Death Claim?
New York requires a wrongful death claim to be filed by the personal representative of the deceased person’s estate. If the person left a will, this is typically the executor named in that document. If there is no will, the court may appoint an administrator to serve in that role.
Although the personal representative files the lawsuit, they do so on behalf of the family members who are legally entitled to recover damages under New York law. Those beneficiaries may include a surviving spouse, children, parents, or other eligible distributees.
Click here to schedule a confidential consultation or call our office at 631-752-8580.
When Can You Sue for Wrongful Death After a Car Accident on Long Island?
Not every fatal car accident gives rise to a wrongful death claim. To have a valid claim, there must generally be evidence that another person or entity’s negligence caused or contributed to the crash. Common examples of driver negligence that may support a wrongful death claim include:
- Distracted driving, including texting or other cellphone use behind the wheel
- Drunk or drug-impaired driving
- Speeding or driving too fast for weather or traffic conditions
- Reckless driving, such as weaving through traffic or running red lights
- Failure to yield at intersections, crosswalks, or while merging
However, liability is not always limited to the driver. In some cases, a wrongful death claim may also be brought against other parties whose negligence contributed to the fatal accident. Examples include trucking companies that failed to properly maintain their vehicles or comply with safety regulations, vehicle manufacturers that produced defective components such as faulty brakes, tires, airbags, or steering systems, and government entities responsible for dangerous road design or maintenance.
What Compensation May Be Available in a Wrongful Death Claim?
A successful wrongful death claim can allow families to recover compensation for a wide range of losses that result from the death of a loved one. This may include:
- Funeral and burial expenses
- Medical expenses incurred before death
- The loss of the income and financial support the deceased would likely have provided
- The value of household services the deceased performed, such as childcare, transportation, home maintenance, or caring for family members
- The loss of parental guidance and nurturing provided to surviving children, where permitted under New York law
- Conscious pain and suffering through a related survival claim if the deceased experienced pain before passing away
The value of a wrongful death claim depends on factors such as the deceased person’s age, health, earning capacity, life expectancy, and the financial support and services they would likely have provided to their family. Unlike some other states, New York generally limits wrongful death damages to financial losses rather than the family’s grief or emotional suffering.
How Long Do Families Have to File a Wrongful Death Lawsuit?
In most cases, New York law gives families two years from the date of death to file a wrongful death lawsuit. However, there are important exceptions. For example, different deadlines may apply if a government entity is involved or if the circumstances of the case trigger a different filing period. Missing the applicable deadline could prevent a family from pursuing compensation altogether.
Even when there appears to be plenty of time, waiting can make it more difficult to build a strong case. Physical evidence may disappear, surveillance footage may be deleted, vehicles may be repaired or destroyed, and witnesses’ memories can fade. Beginning the legal process sooner rather than later can help preserve important evidence and protect your family’s legal rights.
Why Legal Representation Is So Important in Long Island Fatal Car Accident Cases
Even when it seems clear who caused a fatal car accident, pursuing a wrongful death claim is rarely straightforward. Insurance companies may dispute liability, challenge the extent of the family’s financial losses, or attempt to settle the claim before the full impact of the death is understood. If these issues are not properly addressed, families may recover less compensation than they are entitled to under New York law.
That is why working with an experienced fatal car accident lawyer is so important. An attorney serves as the family’s advocate throughout the claims process, conducting an independent investigation, developing the evidence needed to support the claim, and pushing back against attempts to minimize liability or undervalue the family’s losses.
A lawyer can help by:
- Investigating the accident and preserving critical evidence before it is lost or destroyed.
- Working with accident reconstructionists, medical experts, economists, and other professionals when their expertise can strengthen the claim.
- Identifying every potentially liable party and available source of insurance coverage.
- Calculating the full financial impact of the loss, including lost financial support and other recoverable damages.
- Handling communications and negotiations with insurance companies and defense attorneys.
- Preparing the case for trial if a fair settlement cannot be reached.
Click here to schedule a confidential consultation or call our office at 631-752-8580.
Speak With Long Island Wrongful Death Attorney at The Odierno Law Firm
Pursuing a wrongful death claim is about more than filing paperwork. It requires a thorough investigation, careful documentation of the family’s losses, and a legal strategy designed to maximize the compensation available under New York law. Having experienced legal representation can make an important difference during every stage of the process.
For nearly five decades, The Odierno Law Firm has represented injured people and grieving families throughout Nassau and Suffolk Counties. Our attorneys bring more than 150 years of combined legal experience to every case and have recovered more than $300 million for clients, as reflected in our case results. While every case is different and prior results do not guarantee a similar outcome, our firm understands the unique challenges that fatal car accident cases present.
If you have lost a loved one in a fatal car accident and believe someone else’s negligence was responsible, we invite you to contact us for a free consultation. We can explain your legal options, answer your questions, and help you determine the best path forward for your family.
