Car Accident Wrongful Death In New York: Understanding How You Can File A Claim

A wrongful death claim is filed when an individual loses their life due to another individual’s breach of duty or negligence. It is a legal action typically taken by the immediate family members of the victim in order to receive compensation for the damages the victim’s family incurred due to the accident. People usually file for wrongful deaths when the case could’ve otherwise been a personal injury case.

It is advisable to hire a car accident lawyer if you have lost a loved one to wrongful death. A lawyer is vital to helping you understand your legal rights and receive guidance on how to navigate through the complex legal process.


  • Statute of limitations: According to New York laws for personal injury cases, the plaintiff must file a wrongful death case within two years of the victim’s death.
  • Know who can file: In most cases, the immediate family members are required to file a wrongful death case. Immediate family members could be the victim’s parents, spouses, or kids. According to New York laws, one of the immediate family members has to be assigned as the representative of the victim’s estate to be able to file a claim.
  • Damages: Consider what damages you are trying to recover by filing a wrongful death claim. Common damages in wrongful death cases are medical and funeral bills for the victim, loss of companionship, loss of future income for the victim, and damages for the pain and suffering the victim might have suffered before they died in the accident.

An experienced wrongful death lawyer should be able to explain these topics. Do not hesitate to contact a lawyer if you need legal assistance. We understand that filing a lawsuit would be the last thing on your mind when you have just lost one of your loved ones. However, time is essential, and hiring a knowledgeable, compassionate, and seasoned lawyer to represent your case is necessary. A detailed investigation should start immediately. Surveillance is everywhere—body cameras, dash cam cameras, doorbell cameras, police surveillance cameras, etc.

These video images show what exactly happened as compared to a witness’s memory of what had happened. All police, accident, and incident reports must be obtained and analyzed. Witness interviews must be conducted. 

There must be a careful carry-out of the deposition questions for the drivers. Your lawyer should utilize video evidence, photo evidence, and black box data to challenge the drivers as much as possible.

Hire a lawyer today!

Categories Law