Question: Can a wrongful death claim be filed if the death occurred outside of the country?

Asked in New York, NY | March 10, 2025

My husband died in an accident while we were on vacation abroad. Can we still file a wrongful death claim even though the incident happened outside of the country?

Answered by 1 attorney
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Jordan Merson
Answered by:

Jordan Merson

New York, NY
Merson Law, PLLC 212-603-9100
Answer

It depends on a number of factors.  You should contact a personal injury lawyer to figure out next steps.  These are difficult and technical cases to litigate.  Most experienced personal injury lawyers offer free consultations and will review your case without charging you any money unless a lawsuit is filed and you recover money, which is known as a contingency fee.  This matter contains additional wrinkles because it occurred away from the United States where the laws may be different so to hold someone accountable here, you will first need to establish jurisdiction.  An experienced personal injury and wrongful death attorney will ask you questions to see if jurisdiction can be established.

March 10, 2025
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