What is a wrongful death action?

A wrongful death action is a legal action brought against a person or organization whose wrongful act has caused the death of another individual. In New York, a wrongful death action may be brought when someone has died due to the negligence of another person or entity. It is a type of civil action, meaning that the goal is to recoup monetary damages, not to send anyone to prison. A wrongful death action is a claim for damages brought on behalf of the surviving family members of the person who died. These damages can include medical bills and pain and suffering, as well as the loss of income or financial support caused by the death. In some cases, punitive damages may also be sought. Punitive damages are awarded in particularly egregious cases, and are intended to punish the wrongdoer and deter similar wrongful acts. In order to bring a successful wrongful death action in New York, certain elements must be established. The plaintiff must show that the death was caused by the negligent act or omission of the defendant. In addition, some type of financial or emotional loss must have been sustained by the surviving family members in order for them to seek compensation. There are time limits, or statutes of limitations associated with wrongful death actions, meaning the claim must be brought within a certain amount of time. In New York, the time limit for filing a wrongful death claim is two years from the date of death. It is important to note that wrongful death actions cannot be brought in New York if the person alleged to have caused the death has already been convicted of a crime related to the death.

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Can a wrongful death suit be pursued if the deceased was partially at fault?
How can I determine how much my wrongful death claim is worth?
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Is expert testimony required to prove a wrongful death claim?
Are wrongful death suits impacted by state law?
Is an autopsy necessary to prove a wrongful death claim?
Can I file a wrongful death lawsuit if the death occurred in another state?
Can more than one person be held liable for a wrongful death?
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Can wrongful death claims be settled without litigating in court?

What is a wrongful death action?

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