Who Can File a Wrongful Death Claim in New York?

November 14, 2024

Who Can File a Wrongful Death Claim in New York?

Losing a loved one due to someone else’s negligence is a heartbreaking experience. In New York, the law allows specific individuals to file a wrongful death claim to seek compensation and justice. Understanding who qualifies to bring such a claim is essential during this challenging time.


Eligible Parties to File a Wrongful Death Claim in New York


In New York, only the personal representative of the deceased person’s estate can file a wrongful death claim. This individual is typically named in the deceased’s will or appointed by the court if no will exists. While the personal representative is the one who files the lawsuit, the compensation awarded benefits specific surviving family members, including:

  • Spouse: The surviving spouse of the deceased.
  • Children: Biological or adopted children of the deceased.
  • Parents: If the deceased was unmarried and had no children, the parents may recover damages.
  • Other Dependents: Under limited circumstances, other individuals who were financially dependent on the deceased may also benefit from the claim.


Compensation in a Wrongful Death Claim


The damages recovered in a wrongful death claim are designed to compensate for the financial and emotional impact of the loss. This may include:

  • Medical and funeral expenses.
  • Loss of financial support.
  • Loss of parental guidance for minor children.
  • Pain and suffering experienced by the deceased prior to their death.


How Law Offices of Jonathan Van Dina, PLLC Can Help


Filing a wrongful death claim can be a complex and emotionally taxing process. At Law Offices of Jonathan Van Dina, PLLC, we assist families in Hicksville with navigating wrongful death cases, ensuring their rights are protected, and fighting for the compensation they deserve.

If you’ve lost a loved one due to negligence, contact us today for compassionate guidance and skilled legal representation. Let us help you seek justice and closure for your family.

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