The term “wrongful death” has a specific legal meaning.
Every state has its own definition of what constitutes a wrongful death. In New York, a wrongful death is any death caused by a “wrongful act, neglect or default.”
As a general rule, families are typically entitled to file a wrongful death lawsuit in any case where the deceased person would have been eligible to initiate a personal injury claim had they survived their injuries.
The 4 Basic Elements of a Wrongful Death Claim
Although every wrongful death claim differs in its details, plaintiffs can typically recover damages only if they establish each of the four elements of a wrongful death lawsuit.
In New York, these elements include:
1. Negligence. You can only file a wrongful death lawsuit if an act of negligence caused the decedent’s injuries and death.
2. Causation. Aside from establishing that the defendant was negligent, you must also provide evidence showing that the defendant’s negligence was the direct cause of the deceased person’s fatal injuries.
3. Survival. In New York, wrongful death damages can only be distributed to the deceased person’s surviving relatives and other estate beneficiaries.
4. Damages. You must be able to prove that you, or the deceased person’s other surviving family members, sustained damages as a result of the decedent’s death.
Dog bite cases can sometimes seem deceptively straightforward—especially if you have compelling evidence of negligence and causation. However, in New York, families can only recover certain wrongful death damages if they can prove that the dog’s owner knew, or should have known, that their pet was dangerous.
How State Rules Impact Dog Bite Lawsuits
New York courts employ two distinct principles when determining the extent of a dog owner’s liability. These principles include:
1. Strict liability. The principle of strict liability suggests that a dog owner is “strictly liable” for the victim’s medical bills. In the context of a wrongful death lawsuit, the decedent’s estate could be entitled to damages for the victim’s end-of-life care. However, obtaining additional damages may require presenting evidence that the dog had dangerous or aggressive tendencies.
2. The one-bite rule. The “one-bite rule” states that dog owners can only be liable for certain damages if they have good reason to know that their pet is dangerous. This rule is often misinterpreted to mean that dog owners get one “free” bite before liability. This isn’t true. Instead, state law establishes other criteria for determining if a dog is aggressive or dangerous.
Principles like strict liability and the one-bite rule do not always apply to wrongful death claims, but when they do, they can make it difficult to obtain additional damages.
The Distribution of Damages in a New York Dog Bite Wrongful Death Lawsuit
In New York, wrongful death claims are subject to different rules than personal injury lawsuits.
The only person who can file a wrongful death claim is, for instance, the personal representative of the deceased person’s estate. Suppose the lawsuit succeeds in securing a settlement or obtaining a court-ordered award. In that case, the compensation will be returned to the decedent’s estate and distributed to their beneficiaries in accordance with the Estates, Powers & Trusts Law.
This compensation could include damages for:
1. End-of-life medical expenses;
2. Pain and suffering;
3. Funeral and burial costs;
4. The victim’s lost income;
5. Loss of familial services; and
6. Loss of companionship.
Please contact the Dietrich Law Firm P.C. today to speak to a wrongful death lawyer and schedule your free consultation.