When someone dies due to the negligence of another person or entity, a wrongful death claim may be filed to recover for all damages arising from the negligence. Wrongful death cases occur in a number of different situations, including auto accidents, construction accidents, medical malpractice, and product liability cases. The point of a wrongful death case is to secure full and fair compensation to survivors of injured victims.

Who Can File a Wrongful Death Claim

Generally, in New York State, the personal representative of the deceased person’s estate is eligible to file a wrongful death lawsuit. The wrongful death claim may seek damages for losses suffered by the deceased person’s survivors including the immediate family of the deceased, such as a widow and minor children.

At Lipsitz, Ponterio & Comerford, LLC we often pursue wrongful death lawsuits in our asbestos-related cases. A mesothelioma wrongful death lawsuit is a lawsuit filed on behalf of someone who died as a result of mesothelioma. Many families decide to pursue wrongful death claims after a loved one dies as a result of mesothelioma or asbestos-related lung cancer. Wrongful death lawsuits give the widow, or sometimes the children, the ability to hold the manufacturers and sellers of asbestos responsible and seek compensation on behalf of their loved one.

If the plaintiff in a mesothelioma personal injury action passes, the claim often turns into a wrongful death claim and the widow or surviving children are appointed the personal representative on behalf of the decedent. If your loved one was diagnosed with mesothelioma or asbestos-related lung cancer you may be eligible to file a wrongful death lawsuit.

Types of Damages

  • Economic Damages- These damages include medical expenses, funeral expenses, lost wages and future income.
  • Pain and Suffering Damages- These damages include the pain and suffering, both physical and mental, that the decedent experienced prior to his or her death.
  • Punitive Damages- Though New York State does allow punitive damages in wrongful death cases, they are uncommon. The claimant must prove that the defendant acted in a willfully negligent or malicious manner

Statute of Limitations

New York State imposes strict limitations of time upon which a wrongful death claim may be filed. This time period is within two years from the date of death. Time is always of the essence in a wrongful death claim.

At Lipsitz, Ponterio & Comerford, LLC our experienced and compassionate team of attorneys and staff recognize the difficulty of filing a wrongful death lawsuit. We are here to help you through every step of the legal process. We understand the emotional and financial difficulties experienced after the loss of a loved one and will fight with you to get the compensation your family deserves.  If your loved one has died due to the negligence of another person or entity, we urge you to contact Lipsitz, Ponterio & Comerford, LLC to discuss your legal rights.