Who Can File a Wrongful Death Claim in New York?
Who Can File a Wrongful Death Claim in New York?
When a loved one passes away due to another party’s negligence, family members may pursue justice through a wrongful death claim. In New York, these claims provide compensation for the financial and emotional toll of such a loss. At Cascione, Purcigliotti and Galluzzi P.C., we support families in navigating wrongful death claims to seek the justice they deserve.
Who Can File a Wrongful Death Claim in New York?
Under New York law, only the
personal representative of the deceased’s estate has the legal authority to file a wrongful death claim on behalf of the surviving family members. The personal representative, often named in the deceased’s will, brings the claim to recover damages for eligible family members, which may include:
Spouse: The surviving spouse is entitled to compensation for the loss of companionship and financial support.- Children: Minor and adult children can seek damages for lost parental guidance and support.
- Parents: If the deceased was a minor or had no spouse or children, parents may also be eligible for compensation.
What Does a Wrongful Death Claim Cover?
A wrongful death claim in New York covers both economic and non-economic damages that have affected the family. These may include:
Medical and Funeral Expenses: Costs incurred for medical care leading up to the death and funeral expenses are compensable.- Loss of Financial Support: Compensation for lost income and future financial support the deceased would have provided to their family.
- Loss of Parental Guidance: Damages for the guidance, nurturing, and support children have lost due to their parent's death.
- Pain and Suffering of the Deceased: If the deceased endured pain and suffering before passing, this can also be part of the claim.
At
Cascione, Purcigliotti and Galluzzi P.C., we understand the difficulties of losing a loved one and are here to help families throughout New York pursue the compensation and closure they deserve. Contact us today to discuss your options and get the support you need during this challenging time.



