Who Can File a Wrongful Death Claim in New York?

October 28, 2024

Who Can File a Wrongful Death Claim in New York?

When a loved one passes away due to another party’s negligence, family members may pursue justice through a wrongful death claim. In New York, these claims provide compensation for the financial and emotional toll of such a loss. At Cascione, Purcigliotti and Galluzzi P.C., we support families in navigating wrongful death claims to seek the justice they deserve.


Who Can File a Wrongful Death Claim in New York?


Under New York law, only the
personal representative of the deceased’s estate has the legal authority to file a wrongful death claim on behalf of the surviving family members. The personal representative, often named in the deceased’s will, brings the claim to recover damages for eligible family members, which may include:


  • Spouse
    : The surviving spouse is entitled to compensation for the loss of companionship and financial support.
  • Children: Minor and adult children can seek damages for lost parental guidance and support.
  • Parents: If the deceased was a minor or had no spouse or children, parents may also be eligible for compensation.


What Does a Wrongful Death Claim Cover?


A wrongful death claim in New York covers both economic and non-economic damages that have affected the family. These may include:


  • Medical and Funeral Expenses
    : Costs incurred for medical care leading up to the death and funeral expenses are compensable.
  • Loss of Financial Support: Compensation for lost income and future financial support the deceased would have provided to their family.
  • Loss of Parental Guidance: Damages for the guidance, nurturing, and support children have lost due to their parent's death.
  • Pain and Suffering of the Deceased: If the deceased endured pain and suffering before passing, this can also be part of the claim.


At
Cascione, Purcigliotti and Galluzzi P.C., we understand the difficulties of losing a loved one and are here to help families throughout New York pursue the compensation and closure they deserve. Contact us today to discuss your options and get the support you need during this challenging time.

March 10, 2026
Learn who pays compensation in a New York personal injury case, including how insurance and liability work. Cascione, Purcigliotti & Galluzzi, P.C. assists injury victims in New York City seeking financial recovery.
Police officer handcuffing a person outdoors.
February 9, 2026
How long does a criminal case take in New York? Learn about typical timelines, key stages, and factors that affect how quickly a case may be resolved.
Two police officers near a motorcycle, one writing on a clipboard.
February 9, 2026
Learn what to do if you’re arrested in New York, including your right to remain silent, request an attorney, and understand the arrest and arraignment process.
Nighttime highway with streaks of white and red car lights, flanked by dark trees under a starry sky.
February 9, 2026
Learn how New York law handles car accidents involving teen drivers, including fault, parental liability, insurance coverage, and compensation options for injured victims.
Gavel held above a wooden block on a table, with a partially visible figure in the background.
February 9, 2026
Learn how New York law defines negligence, the key elements required to prove it, and how comparative negligence can affect personal injury claims.
Gavel raised above its wooden base, about to strike. Dark wood table, dark background.
February 9, 2026
Learn the statute of limitations for New York personal injury cases, including key deadlines for accidents, medical malpractice, wrongful death, and claims against government entities.
Three open file folders stacked with overflowing white papers.
September 16, 2025
Learn how to seal or restrict a criminal record in New York. Cascione, Purcigliotti and Galluzzi P.C. assists with record sealing, expungement, and legal guidance to help you move forward.
Yellow
August 21, 2025
Learn the difference between premises liability and slip and fall cases in New York. Cascione, Purcigliotti and Galluzzi P.C. can help you pursue compensation for injuries caused by unsafe property conditions.
A police car with blue lights on top of it.
July 24, 2025
Facing felony charges in New York? Learn about the legal and life-changing consequences of a felony conviction and how Cascione, Purcigliotti and Galluzzi P.C. can help protect your future.
A scale of justice is sitting on a wooden table next to a gavel.
June 24, 2025
Involved in a motorcycle accident in New York? Follow this legal checklist to protect your health and your rights. Learn what to do immediately after a crash from Cascione, Purcigliotti and Galluzzi P.C