How To File A Wrongful Death Lawsuit In New York
Last updated on June 23, 2026
Personal injury suits are the most serious and tragic when the loss of a life is involved. When negligence is so pronounced that it causes the wrongful death of an individual, the loved ones of the deceased deserve to have their loss recognized by the law.
At Scarzafava & Basdekis, PLLC, we understand how serious these cases are and how devastating they can be for family and friends left behind. Our dedicated and award-winning Oneonta wrongful death attorneys aggressively advocate for our clients and ensure that every avenue toward recovering relief is explored to its fullest extent.
You may have legal options. Contact us today for a free case evaluation.
Recoverable Damages In A Wrongful Death Case
In a typical personal injury suit, the plaintiff takes legal action to recover compensation for medical costs, lost wages and other burdens. However, in the case of wrongful death, it is the loved ones of the victim who take legal action and pursue compensation. While there may not always be medical bills to cover, there are plenty of other tangible losses that can be legally recognized in New York.
Damages claimed in a wrongful death case can include:
- Funeral and burial expenses
- Medical costs related to the victim’s treatment before death
- Wages lost between the initial injury and the victim’s death
- Conscious pain and suffering endured by the victim before death
- The value of financial support the victim provided his/her family
- Lost inheritance for any surviving children
- The value of parental care and nurturing lost by any surviving children
While no amount of money can replace a loved one, the relief recovered in these cases can ensure that the victim’s loved ones do not have to suffer financial strain and hardship on top of their loss. Our firm can help recover this relief with a thorough, aggressive and extensive suit that truly speaks to your circumstances in the wake of a tragedy.
Who Can File A Wrongful Death Claim In New York And When?
In New York, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This usually means the executor named in a will or an administrator appointed by the court. The claim is filed for the benefit of the deceased’s family members who suffered financial losses because of the death. This is often a spouse, children or parents.
If no executor was named, a family member may petition the Surrogate’s Court to be appointed as administrator.
Wrongful death cases may arise from:
- Car accidents, truck accidents and motorcycle accidents: Catastrophic injuries can occur when a driver is distracted, impaired, speeding, fatigued or otherwise negligent. Commercial truck collisions may also involve liability on the part of trucking companies, maintenance providers or cargo-loading companies.
- Construction site accidents: Construction workers and bystanders can suffer fatal injuries due to falls from heights, falling objects, equipment failures, trench collapses, electrocutions and violations of workplace safety regulations.
- Medical malpractice: A wrongful death claim may arise when a doctor, hospital or other healthcare provider fails to meet the accepted standard of care.
- Defective products: These cases can involve defective vehicle components, dangerous consumer products, faulty medical devices or products that lack adequate safety warnings.
- Unsafe property conditions: Property owners have a duty to address known hazards and maintain reasonably safe premises.
Generally, if your loved one could have filed a personal injury claim had they survived, the estate may have grounds for a wrongful death action.
New York law gives families two years from the date of death to file a wrongful death claim. This deadline is strict, and missing it can mean losing the right to seek compensation. Our attorneys can help preserve evidence, identify responsible parties and evaluate the claim before time becomes a barrier.
At Scarzafava & Basdekis, PLLC, we have spent more than 40 years representing grieving families across the tri-county area. We handle the legal burden so you can focus on your family, grief and the next steps ahead. We work on contingency, which means there are no upfront costs. Home and hospital visits are available, and every consultation is free and confidential.
When you are ready, reach out to us. We will listen to you with care and compassion and help you understand what options may be available. Dial 607-441-4137 to get started.
We are ready to hear your story. Contact us today to get started.