Wrongful Death as a Cause of Action in New York

Wrongful death lawsuits are brought when a person dies because of someone else’s actions or failure to act. In New York, this type of legal claim allows certain family members to recover damages that result from the untimely death of a loved one. Unlike personal injury cases where the injured party sues for harm done to them, wrongful death cases are brought by a representative on behalf of the deceased’s surviving family members, known as distributees.

To succeed in a wrongful death case in New York, the plaintiff must prove several key elements.

Death of a Human Being

The first and most obvious requirement is that someone has died. This seems straightforward, but it is the foundation of the entire case. The death must be confirmed and documented, and it must be of a human being—not a pet or property. New York law does not allow wrongful death actions for unborn children who were not born alive.

Wrongful Act, Neglect, or Default

Second, the death must have been caused by the defendant’s wrongful behavior. This could be through negligence, such as a car accident caused by reckless driving, or through a medical error that resulted in death. It can also include intentional acts like assault or other criminal conduct. The plaintiff must show that if the deceased had lived, they could have filed a personal injury lawsuit based on the same facts.

Survival of Distributees Who Suffered Financial Loss

Third, there must be family members or dependents who have suffered a financial (also called pecuniary) loss as a result of the death. This could include the loss of income, support, services, or even parental guidance. These individuals are called distributees and can include a spouse, children, or other close relatives who were financially dependent on the deceased.

Appointment of a Personal Representative

Lastly, the wrongful death lawsuit must be brought by the personal representative of the deceased person’s estate. This is typically someone appointed by the Surrogate’s Court. It is not enough for a grieving family member to file on their own unless they have been officially designated as the estate’s representative. The representative brings the case for the benefit of all distributees, not just themselves.

Conclusion

Wrongful death claims in New York are an important legal tool for holding individuals and institutions accountable when their actions result in someone’s death. These cases not only help families recover financial losses, but they also encourage safer behavior across industries and communities. However, they must follow strict rules and be filed by the correct party, making legal guidance essential for a successful outcome.

Find the Law

“The elements of a cause of action to recover damages for wrongful death are (1) the death of a human being, (2) the wrongful act, neglect or default of the defendant by which the decedent’s death was caused, (3) the survival of distributees who suffered pecuniary loss by reason of the death of decedent, and (4) the appointment of a personal representative of the decedent]; James v Middletown Community Health Ctr., Inc., 278 AD2d 280 [2d Dept. 2000]); Meroni v Holy Spirit Asso. forUnification of the World Christ, 119AD2d 200 [2d Dept. 1986][a wrongful death action in New York must be brought by the appointed personal representative on behalf of all of the distributees, not just a single distributee who comes forward and elects to commence an action on his own behalf]).” Hilton v. Resorts World Casino, Inc., 2013 N.Y. Slip Op. 32882, 2-3 (N.Y. Sup. Ct. 2013)