28 Jul WHAT HAPPENS IF A PERSONAL REPRESENTATIVE CANNOT FILE A WRONGFUL DEATH CLAIM?
Posted By Gruenberg Kelly Della || 28-Jul-2020
Wrongful death claims can only be fired by certain people. In general, the only people who are permitted to file a wrongful death claim under the law are the people who are most significantly impacted by the death. Some states also allow legal representatives to file wrongful death claims. However, it is possible that the person who would typically file a wrongful death claim may be unable to. This may be due to a person’s age (for example, if they are under the age of 18 and cannot bring forth a claim), a disability, or due to another limitation. If the party who should be responsible for filing a wrongful death claim is unable to do so, there are other ways for the family of a deceased person to bring forth a claim and recover the compensation they deserve.
Who Can File a Wrongful Death Claim in New York?
In the state of New York, the right to file a wrongful death claim is reserved for the representative of the deceased person’s estate. A representative may be an attorney, a family member, or a third party. They are chosen when a person creates their will or estate plan. Anyone who is not appointed as an estate representative cannot file a wrongful death claim in New York — even if that person is a family member or a dependent of the deceased person.
How Wrongful Death Claims are Filed Without a Personal Representative
There are some cases in which a person who has been appointed as the representative of a person’s estate is unable to file a wrongful death claim. The statute of limitations on wrongful death claims in New York is two years, and this window is not expanded if a representative cannot file a claim. Another person must be chosen to file the claim in this event. Generally, because the reasons that a representative cannot file a claim often include young age and disability, the guardian of the personal representative will take on the claim on their behalf.
If your loved one was killed because of another person’s negligence, the attorneys of Gruenberg Kelly Della can help you file a wrongful death claim. We are available to discuss your case and answer any questions you may have.
To schedule a free consultation with our legal team, send us a message or call (888) 305-6372.