Losing a loved one is always painful. When a death is the result of someone else’s negligence or wrongdoing, that pain is often compounded by anger, confusion, and unanswered questions. Families are left not only to grieve but also to manage sudden financial and legal challenges. In these situations, filing a wrongful death claim can be a step toward justice and accountability.
At the Law Offices of Supriya Kichloo, P.C., we help families navigate these emotionally complex cases with compassion and care. With over a decade of experience and a commitment to personalized, culturally attuned legal service, we are here to support you through every step of the process. This guide explains a wrongful death claim, who can file it, what compensation may be available, and how long you have to file a wrongful death lawsuit in New York.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action filed when a person dies as a result of another party’s negligent, reckless, or intentional actions. Under New York law, the personal representative of the deceased person’s estate has the right to bring a wrongful death lawsuit against the responsible party. The purpose is to recover damages for the losses the deceased’s survivors and estate suffered.
Common situations that may lead to a wrongful death claim include:
- Vehicle accidents,
- Bicycle accidents,
- Pedestrian accidents,
- Workplace injuries,
- Medical malpractice,
- Dangerous property conditions (premises liability), and
- Defective products.
Each case is different, but the core legal question is consistent: Would the deceased person have had a valid personal injury claim if they had survived? If so, their estate may now bring a wrongful death claim on their behalf.
Who Can File a Wrongful Death Claim in New York?
In New York, the personal representative (also known as the executor or administrator) of the deceased person’s estate may file a wrongful death lawsuit. This person may be named in the decedent’s will or appointed by the court if there was no will.
While family members cannot file the lawsuit directly unless they are also the personal representative, they may still be eligible for compensation. The damages recovered in a successful claim are distributed to the deceased’s legal distributees—such as their spouse, children, or other next of kin.
What Damages Are Available in a Wrongful Death Claim?
A wrongful death claim allows surviving family members and the decedent’s estate to recover compensation for specific financial losses resulting from a person’s untimely death. These damages reflect the measurable impact of the loss—not emotional grief, which New York law does not currently compensate.
Recoverable compensation includes the following:
- Funeral and medical expenses. The estate may recover reasonable funeral and burial costs and medical expenses related to the final injury or illness—such as emergency treatment, hospitalization, or palliative care provided before death.
- Loss of financial support. Surviving dependents may receive compensation for the income the deceased would have earned and contributed to the household if they had lived.
- Loss of parental or household services. The claim may also account for the value of services the deceased provided, such as childcare, home maintenance, or elder care. Children may receive compensation for losing parental guidance, nurture, and support.
- Pain and suffering of the deceased. If the decedent experienced conscious pain or suffering before passing, the estate can seek compensation, such as for the physical pain and emotional distress experienced between the injury and death.
- Loss of inheritance. In some cases, surviving family members may recover from the loss of inheritance they would have received if the deceased had lived a full life and continued to accumulate assets.
These categories of damages are intended to ease families’ financial burden while recognizing the deceased’s contributions to their household and community.
How Long Do You Have to File a Wrongful Death Lawsuit?
One of the most critical aspects of a wrongful death claim is timing. If you wait too long to take action, you may lose the right to pursue your case entirely.
The wrongful death statute of limitations in New York is two years from the date of the person’s death. So, the personal representative must file the lawsuit within two years, or the claim may be permanently barred.
Missing the deadline to file a wrongful death claim can have serious consequences. Once the statute of limitations has expired, courts generally will not hear the case, no matter how strong the underlying facts may be.
Prompt legal action also helps preserve critical evidence. Over time, physical evidence may be lost, memories may fade, and witnesses may become challenging to locate. Consulting with a seasoned wrongful death attorney gives you the best chance to protect your rights and build a strong case.
How the Law Offices of Supriya Kichloo, P.C. Can Help
At the Law Offices of Supriya Kichloo, P.C., we understand how overwhelming it can be to pursue legal action while grieving the loss of a loved one. We offer one-on-one guidance to help clients understand their rights and feel supported during a deeply emotional time.
Attorney Supriya Kichloo brings over a decade of legal experience and a passion for justice to every case. Fluent in English, Hindi, and Kashmiri, she is committed to removing language and cultural barriers that may hinder your access to the legal system.
When you work with our firm, we will:
- Review your case and determine whether a wrongful death claim is appropriate;
- Handle all filings and communications with the court and opposing parties;
- Gather evidence, consult with experts, and develop a legal strategy tailored to your situation; and
- Walk with you through every stage of the legal process with care, respect, and honesty.
We aim to help you seek accountability while giving you space to grieve. We know how to manage the legal complexities so you can focus on healing.
Contact Us Today to Discuss Your Options
If you’ve lost a loved one due to someone else’s negligence, don’t wait to explore your legal options. You may have a valid wrongful death claim, but time is limited. At the Law Offices of Supriya Kichloo, P.C., we offer free consultations to help you understand your rights and what steps to take next. We are here to answer your questions, provide guidance, and support you through every phase of your journey.
Let us help you move forward with dignity and strength. Contact us today to learn how we can help.
