COVID-19 UPDATE: In spite of the pandemic, our office remains open and our hours are the same. Please call us today so we can best accommodate you. We hope you and your family stay and remain safe.

Manhattan: 212-668-0100 Long Island: 516-535-6666
Brooklyn/Queens/Bronx/Staten Island: 718-SERIOUS(737-4687)

Available 24/7 | Free Consultation

No Fee Until We Win

Serious Injuries And Accidents Require
Serious Lawyers

HomeBlogsPersonal InjuryWho can bring a wrongful death claim in New York?

Who can bring a wrongful death claim in New York?

While everyone must die sometime, sometimes when you lose a loved one, you are left feeling they should still be with you.

If you feel someone’s death was unjustified, you may be able to claim wrongful death. It means that you file a claim against someone whose negligence or unlawful act led to the death of your loved one.

New York limits who can bring the case to the following:

  • The deceased’s spouse
  • The deceased’s children
  • The deceased’s parents
  • The personal representative of the deceased’s estate

Who gets priority?

You cannot all file a claim. The right to do it matches the order above. In other words, if there is a surviving spouse, they should file. If there is no spouse, the children should file and so on.

Does that mean the children might not get anything?

No. The order of distribution puts the spouse and children first. They would typically share any money awarded. A parent, however, usually only gets something if there is no spouse or children.

The time limit for filing may be about to increase

The statute of limitations, which means the time you have to file, is currently two years from the person’s death. However, that might be about to change. A new bill is awaiting the Governor’s signature as we speak. If approved, it will expand the time limit to three and a half years.

It would also allow other family members such as grandparents, step-parents and brothers and sisters to claim something.

If you are considering filing a wrongful death claim, seek legal help to understand more about the current situation.

Hands-On New York Attorneys You Can Actually
Talk To

Were you seriously injured or have you lost a loved one in a fatal accident? We’re here to answer any of your questions and help evaluate your legal options. Schedule your free consultation today.

Fields marked with an * are required

"*" indicates required fields

*

This website contains “attorney advertising”. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship.

The web site is designed to provide general information only and to help in the choice of appropriate legal counsel. The information contained herein should not be construed as legal advice. Legal jurisdictions differ on major and minor aspects of the law and each legal situation is unique; requiring that all legal situations be addressed with qualified legal counsel. Prior results do not guarantee a similar outcome.

Submitting or receiving information or questions through this web site does not create an attorney client relationship. No attorney client relationships will exist unless you meet with one of our attorneys and sign a retainer agreement. Please do not submit any information that is case specific, personal or confidential.

If you have legal problem or issue you should always consult with a qualified lawyer experienced in the appropriate area of law. We would be glad to discuss your specific situation with you, should you so desire. Please fill out the contact form and we will respond to you.