top of page

Five Elements of a Wrongful Death Claim in New York

Losing a loved one is a terrible experience, especially when their passing was due to someone else’s negligence. Although no amount of money can change what has happened, it can be incredibly beneficial to file a wrongful death claim and receive compensation for your loss. In some cases, a wrongful death claim might be absolutely critical. Surviving family members may be struggling with childcare costs, bills, funeral expenses, and a wide range of other damages. The purpose of a wrongful death claim is to help spouses and others cover these costs.

If you would like to approach a wrongful death claim in New York, it makes sense to learn a little bit about how the Empire State approaches these situations. New York has its own unique approach to wrongful death claims, and a core element of this approach revolves around five proof elements. In order to successfully file a wrongful death claim, you will need to prove the following five elements.

Connect with a qualified, experienced wrongful death attorney in New York, and this process becomes much easier. Because compensation is so desperately needed in these situations, it makes sense to enlist the help of the most professional and efficient lawyer you can find. They can significantly increase your chances of receiving fair, adequate compensation for your loss.

What are the Five Elements of a Wrongful Death Claim?

According to New York law, you need to prove five things in order to establish a claim for wrongful death:

  1. There was a death involved

  2. The death was caused by the wrongful conduct of the defendant

  3. If the death had not occured, the deceased person could have pursued legal action

  4. Surviving members of the deceased’s estate suffered losses as a result of the death

  5. There are damages that the estate can legally recover

Other Considerations

There are a number of other considerations that you should keep in mind when filing a wrongful death claim. Firstly, you cannot file for pain and suffering that you might have experienced as a result of your loved one’s passing. This also extends to your children. Secondly, all wrongful death claims must be filed within two years of your loved one’s passing. Finally, the state of New York does not recognize wrongful death claims that involve a fetus that dies before birth, even if the death of the fetus was caused by medical malpractice or some other type of negligence.

Who Can File a Wrongful Death Claim?

In New York, the only person who can file a wrongful death claim is the “personal representative” of the deceased person’s estate. Family members may not file wrongful death claims unless they are also the personal representative of the estate.

Enlist the Help of a Qualified Wrongful Death Attorney Today

If you have been searching New York for a qualified, experienced wrongful death attorney, look no further than The Glassman Law Group. We have considerable experience with wrongful death claims, and we know how to satisfy the five proof elements in an efficient manner. Reach out today, and we can help you take your first steps toward a fair, adequate settlement.


bottom of page