Dealing with the loss of a family member is never easy. Matters tend to get even more complicated when the death is a result of someone else’s negligence or willful conduct. In any such scenario, a personal injury lawyer can help bereaved family members get justice for their loss.
What Is Wrongful Death?
A wrongful death refers to an individual losing his/her/their life because of another person’s wrongful actions that could be negligent or intentional. In New York, family members can file wrongful death claims and lawsuits against individuals, businesses, or government agencies that they feel are responsible for the loss of their loved ones. The aim is to hold the wrongdoers accountable for their actions and get compensation for the damages suffered.
In some instances, it is possible to pursue wrongful death actions in criminal cases. Some cases might also qualify for punitive damages. The most common wrongful death examples come about because of:
- Automobile accidents
- Pedestrian accidents
- Boating accidents
- Amusement park accidents
- Premises liability
- Product liability
- Nursing home negligence or abuse
Who Can File a Wrongful Death Lawsuit?
Different states across the U.S. have varied laws surrounding who can file a wrongful death lawsuit. According to the laws in New York, a decedent’s surviving spouse, children, or parents may file a wrongful death lawsuit. This can also extend to grandparents and other family members, by representation. Non-family members named beneficiaries in wills cannot file wrongful death lawsuits. However, a personal representative of the decedent’s estate can.
What Evidence Should Be Admitted in a Wrongful Death Suit?
The chances of winning a wrongful death suit depend largely on the evidence that you collect and present in court. The evidence that lawyers typically admit in court include:
- The victim’s death certificate
- Medical records that highlight the cause of death
- Police and accident reports
- Eyewitness statements
- Expert testimonies
- Photos and videos from the scene of the accident
- Proof of the decedent’s income
Wrongful Death Lawsuit Statute of Limitations
If you plan to file a wrongful death lawsuit, you have to be mindful of the statute of limitations that apply. In New York, according to Section 5-4.1 of the Rights of Members of Family Resulting From Wrongful Act, Neglect or Default Causing Death of Decedent, anyone filing a wrongful death lawsuit gets two years from a decedent’s death to initiate legal proceedings. After this period ends, you lose your right to file a lawsuit.
What Is the Most You Can Sue for Wrongful Death?
It’s hard to put a number on the maximum or even a wrongful death lawsuit average settlement amount because each case brings it with its own facts. However, given the serious impact that the demise of a family member can have, settlements are typically large, and may vary from tens of thousands of dollars to over a million. Factors that have an effect on wrongful death lawsuit payouts include:
- The complexity of a case
- Who to hold liable
- Insurance policy limits
- The decedent’s age
- The decedent’s earning potential
- The needs of the decedent’s dependants
How Is the Money Split in a Wrongful Death Lawsuit?
If you’re wondering who gets the money in a wrongful death lawsuit or how to divide a wrongful death settlement, know that New York has laws that govern this aspect. Here are the different scenarios, depending on who survives the decedent.
- Spouse and no children. The spouse receives the entire amount.
- Spouse and children. The spouse gets $50,000, and the remainder is divided between the spouse and the children.
- Children and no spouse. The entire amount goes to the children.
- No spouse, no children, and one or both parents. The parents receive the entire amount.
In the absence of the family members mentioned above, others who may qualify include siblings, one or more grandparents, and grandparents’ children or grandchildren, in that order.
How Long Does a Wrongful Death Lawsuit Take?
Since almost every wrongful death case is different, there is no conclusive answer to how long a lawsuit might take. For example, some straightforward cases end up in settlements within months. Complicated cases where it’s not easy to pin liability require extensive investigations and negotiations, and may end up in lengthy trials. While a typical wrongful death lawsuit can take up to a year, more complex cases can take up to two years.
Conclusion
Now that you know how wrongful death cases work, who can file a lawsuit, what evidence you need, and how the money is split, keep in mind that handling the matter with no legal expertise can be an uphill task. Fortunately, increasing the chances of winning a wrongful death suit is fairly easy; all you need to do is get in touch with a personal injury firm that specializes in these types of cases. Then, your lawyer can help you negotiate a settlement or take your case to court.