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Home Intellectual & Personal Law Personal Injury Law

Who Is Eligible to File a Wrongful Death Claim in New York?

Lucas Leo by Lucas Leo
December 16, 2025
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Who Is Eligible to File a Wrongful Death Claim in New York?
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Losing someone because of another person’s careless actions brings pain and confusion, and many families wonder what they can do next. New York gives certain close relatives the right to bring a wrongful death claim to recover money for the harm caused. If you need help figuring out where to start, you can find a wrongful death lawyer in New York who knows the rules and understands how these cases work. When you feel ready, you can also find a wrongful death lawyer in New York who can listen to your story and explain your options in a clear way.

Table of Contents

  • What The Law Requires To Start A Claim
  • Who Can File A Wrongful Death Lawsuit In New York
  • Statute Of Limitations For Wrongful Death Lawsuits In New York
  • How To Choose The Right Lawyer
  • Get Help Now

What The Law Requires To Start A Claim

Before a court will allow a wrongful death case to move forward, a few basic conditions must be met. The death must come from someone else’s negligent, reckless, or intentional act. There must be real losses, like medical bills, funeral costs, lost income, or loss of companionship. The person filing the claim must be legally allowed to do so under state rules. The case also has to be filed within the legally set time limit. Here are some everyday situations that meet these requirements:

  • A fatal car crash caused by a driver running a red light.
  • A medical mistake during surgery that leads to a patient’s death.
  • A construction site accident where a worker falls because safety rules were ignored.
  • A defective product that malfunctions and causes a fatal injury.
  • A slip and fall in a store where the owner knew about the hazard and did not fix it.

Who Can File A Wrongful Death Lawsuit In New York

In New York, only certain family members can bring a wrongful death case on behalf of their loved one’s estate. A personal representative must file first to recover things like funeral costs and medical bills. After that, close relatives can seek compensation for their own losses, like lost income or the loss of care and guidance. Families should act quickly because the law may require one person to file for everyone involved. State rules decide who counts as a close relative, and working with wrongful death attorneys in New York can help families understand where they stand.

  • Surviving spouses
  • Children, including biological and adopted
  • Parents when no spouse or children are living
  • Other relatives, if closer family members are not alive
  • A personal representative appointed by the court

Statute Of Limitations For Wrongful Death Lawsuits In New York

New York has strict deadlines, and missing them can end a family’s right to file a claim. Most wrongful death cases must be filed within two years of the date of death. If the case involves a government agency, the timeline is even shorter and requires earlier notice. Whether you live in New York City or Buffalo, or in smaller places like Ithaca or Saratoga Springs, the same basic deadline applies, though local procedures may differ slightly.

Some situations can affect the deadline. For example, if the death came from long-term exposure to a harmful substance, the time limit might start when the family learns that exposure likely caused the death. If the person left no estate or no qualifying relatives, the rules can become more complicated. Acting sooner rather than later helps make sure the right paperwork gets filed on time.

How To Choose The Right Lawyer

Choosing a lawyer can shape your whole experience, not just the outcome of your case. Look for someone who listens, speaks in everyday language, and has handled similar cases in the past. Ask about their experience with trials, settlements, and local courts. It is also helpful to know how often they update clients, how they charge for their work, and if they only get paid when they win money for you.

Get Help Now

If you think you might have a claim, talk with a caring wrongful death law office that can help protect your rights and explain what happens next in a simple way. A knowledgeable wrongful death lawyer in New York can look at what happened, see who may be able to seek compensation, and guide you through the deadlines and paperwork. When you feel ready, reach out so someone can begin reviewing your documents, bills, and medical records with care.

Lucas Leo

Lucas Leo

Hi, I’m Lucas Leo, an author and writer at AccordingLaw.com. I’m passionate about delivering the latest legal news and updates according law to keep you informed. Join me as I explore and share insights into the ever-evolving world of law!

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