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.