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
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.