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When a loved one passes away, the emotional toll is immense. This burden is often compounded when a death occurs not from natural causes—such as old age or illness—but due to the actions of another. In New York, the law provides a pathway for families to seek justice. Under the New York Estates, Powers and Trusts Law (EPTL), a decedent’s estate has the legal right to hold responsible parties accountable.
The Right to Sue: Who Can File?
According to EPTL Section 5-4.1, a personal representative (such as an executor or administrator) can maintain a legal action for wrongful death. This applies whether the representative was appointed in New York or another state.
The lawsuit aims to recover monetary damages from an individual or company whose neglect, willful misconduct, or intentional acts caused the death. Generally, the legal standard rests on a duty of care: the defendant owed a duty to the decedent, and “but for” their wrongful act, the decedent would still be alive.
If a personal representative refuses to bring an action, the EPTL allows the beneficiaries or distributees of the estate to request the appointment of a substitute administrator to pursue the claim.
Understanding Statutes of Limitations
Timing is critical when pursuing a wrongful death claim. The EPTL establishes strict deadlines, or statutes of limitations, for filing:
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Standard Wrongful Death: In most cases, the lawsuit must be filed within two years of the date of death.
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Criminal Proceedings: If the death resulted from a criminal act, the representative has one year from the date the criminal action terminates (ends) to commence a civil proceeding.
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Sept. 11, 2001 Exception: For deaths related to the September 11 terrorist attacks, the limitations period is extended to two years and six months from the date of death.
Potential Defenses and Legal Shifts
In any wrongful death litigation, defendants may raise specific legal defenses. One common defense is contributory negligence, where the defendant claims the decedent was partially responsible for their own death.
However, the impact of this defense has changed over time:
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Pre-Sept. 1, 1975: Contributory negligence acted as an absolute bar to recovery.
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Post-Sept. 1, 1975: It is no longer an absolute defense, though it may still impact the total amount of damages awarded based on the degree of fault.
Take the Next Step
Navigating the complexities of the EPTL and the probate court system requires precision and expertise. If you are an executor or personal representative looking to understand your rights and the potential for recovery, we are here to help.
Contact our office today for a consultation to ensure your estate’s rights are protected.
