Our Wrongful Death Lawyers Will Pursue Relentless Justice for Your Loss.

On Long Island, a wrongful death claim can only be filed by the personal representative of the deceased person’s estate. This person is typically named in the will as the executor, or, if there is no will, appointed by the court as an administrator. Although the personal representative is the one who officially files the lawsuit, they do so on behalf of the deceased person’s surviving family members, who may receive compensation.

Those eligible to benefit from a wrongful death claim (known as “distributees”) usually include the deceased person’s spouse and children, and in some cases, parents if there is no spouse or children. More distant relatives, such as siblings, may qualify only in limited circumstances, depending on who survives the deceased. 

This arrangement ensures that the claim is handled through the estate while any financial recovery is distributed to the appropriate surviving relatives.

To prove negligence in a wrongful death lawsuit, you must show that the defendant’s actions or failure to act caused the person’s death. This requires establishing four elements: duty of care, breach of duty, causation, and damages.

• First, you must show that the defendant owed a duty of care to the deceased. This means the defendant had a legal obligation to act in a reasonably safe manner. For example, drivers must follow traffic laws, and doctors must provide care that meets accepted medical standards. 
• Next, you must prove a breach of that duty. This means the defendant failed to meet the required standard of care, such as a driver running a red light or a doctor making a serious error.
• The third element is causation. You must prove that the breach of duty directly led to the death. This usually requires evidence such as medical records, expert testimony, or accident reports that connect the defendant’s conduct to the fatal outcome. 
• Finally, you must establish damages. These are the financial losses caused by the death, including lost income, medical bills, and funeral costs.

To prove negligence in a wrongful death lawsuit, you must show that the defendant’s actions or failure to act caused the person’s death. This requires establishing four elements: duty of care, breach of duty, causation, and damages.

• First, you must show that the defendant owed a duty of care to the deceased. This means the defendant had a legal obligation to act in a reasonably safe manner. For example, drivers must follow traffic laws, and doctors must provide care that meets accepted medical standards. 
• Next, you must prove a breach of that duty. This means the defendant failed to meet the required standard of care, such as a driver running a red light or a doctor making a serious error.
• The third element is causation. You must prove that the breach of duty directly led to the death. This usually requires evidence such as medical records, expert testimony, or accident reports that connect the defendant’s conduct to the fatal outcome. 
• Finally, you must establish damages. These are the financial losses caused by the death, including lost income, medical bills, and funeral costs.

In New York, a wrongful death claim must be filed within two years from the date of death. That deadline applies to starting the case, not finishing it. Once filed, the case continues until it reaches a settlement or a court decision.

That said, there are some exceptions to this two-year deadline:

• Medical Malpractice: The deadline is generally two years and six months (30 months) from the date of the negligent act or last continuous treatment.
• Criminal Prosecution: If the death resulted from a crime, the deadline may be one year from the termination of the criminal prosecution.
• Government Entity: A Notice of Claim must be filed within 90 days of the appointment of an estate representative, and the lawsuit must generally be filed shortly thereafter.
• Minor Beneficiaries: In some cases, the statute of limitations can be tolled if the only beneficiaries are minors, delaying the deadline until a guardian is appointed or they reach 18.

Wrongful death cases can take several months to a several years to resolve, depending on how the case develops and how the parties respond. Some claims settle in less than a year when fault is clear, and both sides agree on compensation. Others take much longer if there are disputes about liability, the cause of death, or the value of the losses.

The timeline depends on how long it takes to gather evidence such as medical records, accident reports, and witness statements. It also depends on how willing the parties are to settle. If a lawsuit is filed, the case goes through stages such as discovery, depositions, and court hearings, which can extend the timeline. Court schedules can also slow things down if there are delays in getting hearing dates or trial time.