QUEENS, NY – Families who suffer the loss of loved ones due to another’s negligence often face a daunting path through the intricacies of wrongful death law in New York. Keetick L. Sanchez, a wrongful death attorney from K L Sanchez Law Office, P.C., offers insight into the legal options available to these families, highlighting the differences between wrongful death claims and survival actions.
Under New York Estates, Powers and Trusts Law Section 5-4.1, a wrongful death claim can be filed when someone dies due to another party’s wrongful action or neglect. Unlike criminal cases that require proof beyond a reasonable doubt, wrongful death lawsuits operate under a standard of preponderance of evidence. Sanchez stresses that only the personal representative of the deceased’s estate has the authority to initiate a wrongful death lawsuit. This representative is either appointed by the Surrogate’s Court or named in the decedent’s will.
Compensation awarded through wrongful death claims is based solely on pecuniary losses as outlined in EPTL Section 5-4.3, which limits damages to measurable economic harm. Families may claim for medical expenses incurred prior to death, funeral and burial costs, lost wages, and other financial support missed due to the decedent’s passing. However, compensation for emotional suffering or loss of companionship is generally not available under wrongful death claims. Practical examples of wrongful death cases often stem from incidents such as motor vehicle accidents, construction site casualties, cases of medical malpractice, and more.
Sanchez emphasizes the distinction between wrongful death claims and survival actions, which are legal claims covering losses the deceased experienced before death, such as medical expenses and pain suffered post-injury. While wrongful death damages are distributed to family members and shielded from creditors, survival action damages are part of the estate’s assets.
To succeed in a wrongful death lawsuit, the attorney must establish four elements of negligence: duty of care, breach of that duty, causation, and financial damages suffered by the family. New York’s laws embrace pure comparative negligence, allowing family members to recover damages even if the deceased shares some fault in the incident.
With a strict two-year statute of limitations for filing wrongful death claims from the date of death, timely legal consultation is essential. Missing this deadline can jeopardize the ability to seek compensation. Sanchez advises that early engagement with an experienced attorney can help preserve evidence, facilitate witness testimonies, and create a robust case for families during an incredibly challenging time.
K L Sanchez Law Office, P.C., located in Queens, is committed to representing families navigating wrongful death and personal injury claims throughout New York City. With more than a decade of experience, Keetick L. Sanchez has established a reputation for securing justice for those affected by negligence, making the firm a valuable ally for families seeking to reclaim their financial recovery.
As families cope with the sorrow of loss, understanding their legal rights becomes vital. Through proper legal representation, they can pursue the justice and compensation they deserve, providing a glimmer of hope amidst the hardship.