Losing a loved one due to someone else's negligence or reckless actions is a traumatic experience for anyone. However, families of the deceased can claim compensation for their loss through a wrongful death lawsuit. If you are in New York, there are specific legal guidelines to follow when filing a wrongful death claim. This blog post will cover who can file a wrongful death claim, what a wrongful death lawsuit is, whether siblings can file a wrongful death claim in New York, and how an attorney can help.

What is a Wrongful Death Lawsuit?



A wrongful death lawsuit is a civil action brought against a person or entity whose negligent or intentional behavior resulted in another's death. Wrongful death claims are filed by surviving family members or the personal representative of the deceased's estate. The purpose of a wrongful death lawsuit is to seek compensation for the loss of financial support, emotional support, and companionship that the deceased would have provided if still alive. Surviving family members can recover damages for both economic and non-economic losses.

Who can File a Wrongful Death Claim in New York?

In New York, the law restricts wrongful death claims to specific individuals. The surviving spouse, children, or parents can file a wrongful death claim, but they must have a qualifying relationship with the deceased. If the deceased person did not have a spouse, children, or parents, the right to claim for wrongful death transfers to other qualifying relatives such as siblings or grandparents. However, siblings must satisfy particular criteria to claim compensation, such as proof of financial dependence on the deceased.

Can Siblings in New York File a Wrongful Death Claim?

Siblings can file a wrongful death claim in New York if they satisfy certain criteria. They must prove that they were financially dependent on their deceased sibling, and they must demonstrate that the deceased did not have a surviving spouse, children, or parents. Additionally, siblings can claim wrongful death compensation if they are the personal representatives of their sibling's estate.

How can an Attorney Help me?

An attorney can help in several ways when filing a wrongful death claim. An experienced attorney can help you gather evidence, file paperwork, negotiate with insurance companies, and represent you in court if necessary. An attorney can also provide you with legal advice and guidance to help you navigate the complex laws and regulations involved in wrongful death claims.

 Filing a wrongful death claim can be a challenging process, but having an experienced attorney by your side can make all the difference. At The Law Offices of John E. Gray, we specialize in wrongful death claims in New York and can advise you on how to protect your rights and obtain the compensation you deserve. If you have lost a loved one due to someone else's negligence or malicious actions, do not hesitate to contact us for a free consultation. Our compassionate and dedicated team is here to help you every step of the way.