Who Can File a Wrongful Death Claim in New York?

The funds that are recovered through a wrongful death claim provide financial support and compensation for damages to the people who have been most significantly impacted by these substantial acts of negligence. Although compensation is almost always given to the family of a deceased person, there are multiple parties that may be able to file a claim. The laws that govern who can file a wrongful death claim are different in every state. Some states only allow family members to file wrongful death claims, some permit non-relatives to file claims, and others only allow filings by financial dependents. In the state of New York, wrongful death claims can only be filed by a representative of the deceased person’s estate.

Claims Can Only Be Filed by a Representative of the Estate

New York differs from many other states because family members cannot file wrongful death claims unless they are a representative of the deceased person’s estate. In fact, wrongful death claims in the state can only be filed by an estate representative. An estate representative may also be a non-relative, such as an attorney.

Who Can Receive Compensation Through a Wrongful Death Lawsuit?

Despite the limitations on family members filing wrongful death claims in New York, the state does permit family members to recover compensation if it is allotted in the deceased person’s will or estate plan. The compensation from a wrongful death claim will be awarded to the estate representative who filed the claim, who will then grant compensation according to the wishes of the deceased. The estate representative, through filing a wrongful death claim, may also pursue damages based on the losses suffered by the family. For example, a spouse’s payment of medical bills may be included in the case.

In New York, compensation is not provided for non-tangible damages like the pain and suffering of family members. Compensation can, however, be allotted for the pain and suffering of the deceased person, in addition to compensation for financial damages such as funeral and burial costs, medical bills, and income loss.

The legal team of Gruenberg Kelly Della can help you if your loved one was killed because of another person’s negligence. We can assist you with starting a claim and recovering the compensation you deserve.