28 Sep WHO RECEIVES COMPENSATION FROM A WRONGFUL DEATH CLAIM?
Posted By Gruenberg Kelly Della || 28-Sep-2020
By filing a wrongful death claim, the people who have been most significantly impacted by the death of a negligence victim can receive compensation for their losses. Although the loss of a person can affect many people’s lives, the right to recover compensation through a wrongful death claim is reserved only for certain people.
Every state has different laws which define who is able to recover compensation through a wrongful death claim. In some states, compensation may automatically be given to certain parties based on the laws.
In New York, the people who can recover compensation through a wrongful death claim may be identified in the deceased person’s will or other documents. While these documents may not state specifically which parties can receive compensation in the event of a wrongful death, they are used to identify a person’s heirs or beneficiaries.
Heirs and beneficiaries are commonly the family members or dependents of a deceased person, but not always. It is possible for a person to identify non-relatives as their heir or beneficiary. These individuals are often legally entitled to receive compensation in the event of a wrongful death. If heirs or beneficiaries have not been identified, compensation will likely go to the deceased person’s closest family members or dependents.
Filing a Wrongful Death Claim in New York
Although compensation is often provided to the family of a victim, it’s possible that the person who files the claim is not related to the deceased person. State laws also define who is able to file wrongful death claims. In New York, wrongful death claims can only be filed by the personal representative of the deceased person’s estate. A personal representative may be a family member, but could also be an attorney or another party. Personal representatives are generally identified in a person’s will as the individual who will be responsible for all of their end-of-life matters, including wrongful death claims. If a personal representative was not identified in the deceased person’s will, an individual can be appointed for the purpose of filing a wrongful death claim.
The attorneys of Gruenberg Kelly Della can help if you have lost a loved one due to negligence. We will answer any questions you may have about your case and will guide you through your claim. Our lawyers can help you with filing a wrongful death case and having compensation distributed to the people who need it most.
If you are interested in speaking with our legal team, call (888) 305-6372 or complete our contact form to schedule a free consultation with our lawyers.