Who Can File a Wrongful Death Claim In New York?

When if you are in the difficult position of losing a loved one, it’s difficult to recognize what comes next. In New York’s wrongful death statute, there are specific rules and specifics that can help determine who would be able to file a wrongful death lawsuit.

It’s imperative to know who can hold the negligent party accountable, where there are exceptions, and what to expect along the way. Here is what you should know about the parties eligible to file a wrongful death claim in New York.

What New York’s Statute Says

According to the statutes in the state, the responsibility of filing a wrongful death claim falls on the deceased individual’s estate’s personal representative. This is a person who has an understanding of how the estate should be distributed when the individual passes.

While many states allow family members to file wrongful death lawsuits, the only way this is possible in New York is if the family member is also the personal representative. However, the claims within the lawsuit can include losses experienced by the family members of the deceased.

How Our Team Can Help You Understand Your Rights

Moving forward can seem difficult, especially if you’re unsure of what rights you have. However, our team has helped countless families as they navigate this difficult time using extensive resources and relentless determination.

Any party responsible for a negligence-related accident causing the death of another should be held fully accountable for their actions. When large corporate entities and legal teams represent these individuals, we never back down.

At Odierno Law Firm, we recognize the urgency in these matters and how important it is to obtain justice. As such, we bring out all the tools necessary to help family members get the answers they need—and the results they deserve.

Trust our Long Island wrongful death attorneys to fully safeguard your rights and options throughout the entire process. Our focus is on your family and your best interests, every step of the way.

Call our firm today at (631) 250-4212.