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Wrongful Death

Wrongful Death: Action for damages that arises when a person’s death is caused by the wrongful conduct of another. These cases can arise out of construction accidents, medical malpractice, vehicular accidents, police misconduct and product liability cases involving defective, dangerous products.

What are the elements of a wrongful death case?

Only the personal representative of a deceased person as appointed by Surrogate’s Court can bring a wrongful death action in New York. The representative must prove the defendant:

  • Acted negligently
  • The negligence caused the deceased person’s death
  • There is a  surviving spouse, children, or other beneficiaries or dependents
  • The survivor(s) have suffered financial damage as a result

What damages can be recovered in a wrongful death action?

I am a survivor of someone whose death was wrongfully caused by another:

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