Why Choose Finz & Finz, P.C.?
When your family has lost a member due to the wrongful acts or omissions of another person or entity, you may decide to pursue a claim for compensation for your loved one and your family’s damages. But how do you decide which attorney and law firm can best help you secure the fair and full compensation you deserve?
At Finz & Finz, P.C., we believe that our New York wrongful death attorneys bring the experience and skill that can help your family obtain financial recovery and justice for the deceased. For more than 35 years, our attorneys have litigated some of the most complex personal injury and wrongful death cases in New York. In that time, we have compiled a long track record of securing record-setting six-figure, seven-figure, and eight-figure settlements and verdicts for our clients.
Our firm has a hand-selected team of accomplished litigators, including four former judges. We focus exclusively on personal injury law, which allows us to develop an extensive knowledge and understanding of the legal concepts in your wrongful death case. Our firm also has a compassionate and experienced support staff who ensure that we provide you with the best possible client service and legal representation that you deserve. We also work with industry-leading experts to consult on the complex liability, financial, and medical issues that may arise in your wrongful death case.
In every wrongful death case we handle, we commit ourselves to getting our clients the maximum value of their case. We never settle for anything less than fair and full compensation, and we don’t stop working until you and your family receive the financial recovery and justice that you need and deserve.
Who Can File a Wrongful Death Lawsuit in New York?
Under New York law, a wrongful death lawsuit must be filed by the “personal representative” of the decedent, typically the administrator or executor of the decedent’s estate. A family member of a decedent can only file a wrongful death lawsuit if he or she is appointed as the decedent’s personal representative. Although the personal representative will seek damages on behalf of the decedent and the decedent’s estate, the personal representative can also seek damages in a wrongful death lawsuit on behalf of the decedent’s surviving family members. Any compensation received for damages suffered by a decedent’s surviving family members are held in trust by the decedent’s personal representative. We handle all of the paperwork relating to the appointment of a personal representative on behalf of our clients.
Demanding Full Compensation for Families after a Wrongful Death
In a wrongful death claim, the decedent’s estate and his or her family can recover compensation for various kinds of damages, including:
- Reasonable medical care expenses arising from the decedent’s last illness or injury that caused his or her death
- The conscious pain and suffering experienced by the decedent prior to his or her death
- The lost wages for time the decedent missed from work between the onset of his or her last illness or injury and his or her death
- The value of the decedent’s lost support and services to the family
- The value of the decedent’s lost parenting, nurturing, care, and guidance
- The decedent’s funeral and burial expenses
- Surviving descendants’ lost inheritance
Courts may also award interest on these damages, calculated from the date of the decedent’s death.
Unlike many other states, New York law does not allow surviving family members to recover for their own pain and suffering or emotional distress, or the loss of the decedent’s companionship.
NY Statute of Limitations on Wrongful Death Lawsuits
If you and your family wish to pursue a lawsuit for your loved one’s wrongful death, you have a limited period of time to file a lawsuit. This period is called the statute of limitations.
Under New York law, the statute of limitations on a wrongful death lawsuit is two years from the date of death. If the lawsuit is not filed before the expiration of the statute of limitations, the court can permanently dismiss your case. However, the court may pause, or “toll,” the statute of limitations if the facts and circumstances of the at-fault party’s legal liability have not yet been discovered, or if the person who is eligible to file a wrongful death action is a minor or is incapacitated.
If you have a wrongful death claim against the state or a municipality, you are required to give notice of your claim within the later of 90 days of the decedent’s death or 90 days from the appointment of the decedent’s personal representative. Otherwise, a wrongful death claim against the state or a municipal government can be permanently barred.