Nothing prepares you for the phone call that a loved one has died in an accident that should never have happened. A husband fell from scaffolding at a construction site in Midtown. A mother died after being hit at a crosswalk in Maspeth. A father passed away after a misdiagnosis at a hospital in Brooklyn. When someone’s negligence takes a life – the law gives the family tools to seek justice. This guide explains how.
What is wrongful death – and how does it differ from a criminal case
A wrongful death lawsuit is a civil matter. Not a criminal one. No one goes to jail – it is about financial compensation for the family. A civil case can run parallel to a criminal investigation and is independent of it.
Legal basis: EPTL §5-4.1. The lawsuit is filed on behalf of the deceased’s estate. Compensation goes to the beneficiaries: spouse, children, parents, and those financially dependent on the deceased.
What must be proven: the responsible party breached a duty of care, this breach directly led to the death, and the family suffered measurable financial losses. The same pillars as in personal injury – except the stakes are the highest possible.
Who can file a lawsuit and what are the amounts involved
Not every family member. The lawsuit is filed exclusively by the executor (appointed in the will) or the estate administrator (appointed by the court when there is no will – usually the closest relative). If you don’t know how to open an estate – an attorney will guide you through the entire process.
Compensation includes: funeral costs, the deceased’s lost income (future earnings that would have gone to the family), lost benefits (health insurance, pension), and the value of care and support the deceased provided.
One caveat – and it’s an important one. New York state law traditionally does not award compensation for the family’s “pain and suffering” in wrongful death cases. This distinguishes NY from many other states. Legislative work is underway on the Grieving Families Act, which could change this – but as of today, the old law applies. It is worth consulting with an attorney, as the legal status may change.
→ Lost a loved one due to negligence? Check out the Jodré Brenecki profile in the PolishPages directory.
Deadlines – why you cannot wait
2 years from the date of death. Not from the date of the accident – from the date of death. If the death occurred a month after the accident, the deadline runs from the day of death.
And if a public entity is responsible (city, municipal hospital, state agency) – Notice of Claim within 90 days. Three months. The family is grieving, organizing a funeral, trying to pull themselves together – and the clock is ticking. That is why it is so important to contact an attorney as soon as possible, even if you don’t feel ready to talk about a lawsuit.
What to look for when choosing a wrongful death attorney
- Experience in handling wrongful death cases – these are some of the most difficult cases in the system. Emotionally and legally. An attorney must be able to combine empathy with aggressive representation of the family’s financial interests. Not everyone can do that.
- Knowledge of probate procedures – before you file a lawsuit, you must open an estate and obtain the appointment of an executor or administrator. A law firm that handles this process from A to Z saves the family additional stress and visits to multiple lawyers.
- Service in Polish – at the most difficult moment in life, speaking in your own language is not a convenience. It is a necessity. The family must understand every step, every decision, every risk.
- “No win, no fee” system – a family after a loss should not have to worry about attorney costs.
→ The Jodré Brenecki law firm handles wrongful death cases from opening the estate to the verdict – check out the profile in the PolishPages directory.
No lawsuit will bring a loved one back. But compensation can provide financial security for a family that has lost a breadwinner – and hold those responsible for what happened accountable. Don’t let the deadlines pass. Call: 347-563-2605.
