![]() Under EPTL 11-3.2(b), any personal injury action that a victim could have filed prior to death may still be initiated or maintained after the victim’s death by the personal representative of the victim’s estate. For more detailed information about pursuing a wrongful death lawsuit in New York, including the types and distribution of damages for each claim, see Chapter 3: Pursuing a Wrongful Death Lawsuit in New York. The sections below include a brief overview of each type of claim. That is, the personal representative will be the plaintiff, regardless of whether they are a beneficiary of the lawsuit. These parties who are entitled to compensation in the lawsuit are called the “beneficiaries.” However, both claims must be filed by the personal representative of the victim’s estate. Throughout this guide, these two claims are referred to together as a “wrongful death lawsuit.”īoth claims are generally for the benefit of the victim’s survivors (usually the spouse and/or children). Regardless of the cause, a wrongful death lawsuit often includes two separate claims: a survivorship claim and a wrongful death claim. Accidents related to defective or dangerous products (product liability).A wide range of events involving intentional or negligent behavior can form the basis of a wrongful death lawsuit, including (but not limited to): 5-4.1, a wrongful death is one caused by the “wrongful act, neglect, or default” of another. Under New York’s Estates, Powers & Trusts Law (“EPTL”) Sec. Overview of New York wrongful death lawsuits Settling a New York wrongful death lawsuit.Distribution of damages in a New York wrongful death lawsuit. ![]() Comparative fault in New York wrongful death lawsuits.Common evidence in a wrongful death case.Elements of a New York wrongful death lawsuit.Valuing a wrongful death case in New York.Statute of limitations for a New York wrongful death lawsuit.Pursuing a Wrongful Death Lawsuit in New York.What to look for in an wrongful death attorney.Finding an Attorney for a Wrongful Death Case.What to do if you suspect a wrongful death in New York.Key differences between a criminal case and civil wrongful death case.Wrongful death in the workplace - New York workers’ compensation. ![]()
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