In NY can someone be sued civilly for personal injury when the victim dies?

If the person was concious and suffered pain and suffering he can sue for personal injury.

You can still sue assuming you can prove a case.

If the statute of limitation has not run, the representative of the estate may still be able to pursue any case the decedent would have been able to pursue if they were alive. This is assuming that there is evidence to prove the case without the testimony of the decedent. Discuss the facts with an attorney to determine what options are available.

Yes, if there was any period of time during which the deceased experienced conscious pain and suffering.

The short answer is "yes". There could be exeptions or "tolling" for the statute of limitations, depending on the circumstances. Get an experienced personal injury lawyer in your area right away. Consultations are free.

Yes. Whether or not there are statutory defenses, such as a statute of limitations, is another matter. Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Sure. has a terrific "find a lawyer" tool to locate a top-rated attorney with a LOW contingency fee. Good luck.

The answers given by my colleagues are accurate. Consult with an experienced personal injury/wrongful death attorney right away. Good luck.

The short answer is 'Yes'; it's called a wrongful death action. Here's the long answer: Yes...BUT, there are five elements the Plaintiff must meet by preponderance of the evidence to be successful on such an action: (1) death; (2) caused by the wrongful conduct of a defendant; (3) giving rise to a cause of action which could have been maintained, at the moment of death, by the decedent if death had not ensued; (4) survival by distributees who have suffered pecuniary loss by reason of the death; and (5) appointment of a personal representative of the decedent. In a wrongful death suit, the proper plaintiff is the "personal representative" of a decedent. Oh yeah, a wrongful death cause of action must be commenced within two years of the date of death. If it is not, then the party blew the statute of limitations and the Defendant can assert this as a defense in answering papers. Oh, here's another kicker: the statute is NOT tolled if the "personal representative" is an infant. So, the short answer is "yes" and "speak with an attorney" in person if you want more substantive information and assistance.