• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

The Odierno Law Firm, P.C.

Long Island Personal Injury Lawyers

Se Habla Español
schedule free consult
631-752-8580
  • Home
  • About
    • Attorneys and Staff
    • Contingency Fees
    • FAQ
    • Community Involvement
    • Reviews
    • Blog
    • Media
      • Commercials
    • O2 Law Office
  • Accidents & Injuries
    • Bicycle Accidents
    • Boating Accidents
    • Bus Accidents
    • Car Accidents
    • Construction Accidents
    • Delivery Vehicle Accidents
    • Dog Bite Attorney
    • Motorcycle Accidents
    • Negligence
    • Pedestrian Accidents
    • Premises Liability
    • Serious Injuries
    • Train Accidents
    • Workplace Injury
    • Wrongful Death
  • Car Accidents
    • After An Accident
    • Aggressive Driving Accidents
    • Common Causes
    • Car Accident Lawsuit Process
    • Car Insurance Claims
    • Child Injured in Car Accident
    • Determining Fault
    • Distracted Driving Accidents
    • Drunk Driving Accidents
    • Head-On Collisions
    • Hit & Run Accidents
    • Rear-End Accidents
    • Single and Multi-Vehicle Accidents
    • Settlements
    • Truck Accident
    • Uber & Lyft Accidents
    • Uninsured/Underinsured Motorists
  • No Fault Recovery
    • Post IME Treatment
    • Peer Review Denials
    • Partial Pay/Fee Schedule
    • EUOs
  • Case Results
  • Other Practice Areas
    • Immigration Law
  • Blog
  • Contact
  • Home
  • About
    • Attorneys and Staff
    • Contingency Fees
    • FAQ
    • Community Involvement
    • Reviews
    • Blog
    • Media
      • Commercials
    • O2 Law Office
  • Accidents & Injuries
    • Bicycle Accidents
    • Boating Accidents
    • Bus Accidents
    • Car Accidents
    • Construction Accidents
    • Delivery Vehicle Accidents
    • Dog Bite Attorney
    • Motorcycle Accidents
    • Negligence
    • Pedestrian Accidents
    • Premises Liability
    • Serious Injuries
    • Train Accidents
    • Workplace Injury
    • Wrongful Death
  • Car Accidents
    • After An Accident
    • Aggressive Driving Accidents
    • Common Causes
    • Car Accident Lawsuit Process
    • Car Insurance Claims
    • Child Injured in Car Accident
    • Determining Fault
    • Distracted Driving Accidents
    • Drunk Driving Accidents
    • Head-On Collisions
    • Hit & Run Accidents
    • Rear-End Accidents
    • Single and Multi-Vehicle Accidents
    • Settlements
    • Truck Accident
    • Uber & Lyft Accidents
    • Uninsured/Underinsured Motorists
  • No Fault Recovery
    • Post IME Treatment
    • Peer Review Denials
    • Partial Pay/Fee Schedule
    • EUOs
  • Case Results
  • Other Practice Areas
    • Immigration Law
  • Blog
  • Contact
Call
Contact
Blog
Home / Wrongful Death / Who Gets the Money in a New York Wrongful Death Settlement?
8 16

Who Gets the Money in a New York Wrongful Death Settlement?

August 02 2021 / By Lee Odierno

more

If your loved one lost his or her life as a result of another’s negligence, you may be able to file a wrongful death lawsuit to help cover the losses you incurred as a result of the death.

Unfortunately, not just anyone can file a wrongful death lawsuit on behalf of a decedent in the state of New York. Only the estate’s personal representative has the authority to file a wrongful death case.

So where does the money from a New York wrongful death lawsuit go? Read on to find out.

How Compensation From a New York Wrongful Death Lawsuit Is Distributed

The distribution of compensation from a wrongful death lawsuit in New York is based on the monetary losses resulting from the fatality. The settlement documents will provide details regarding how much money goes to each individual impacted by the death.

Oftentimes, the decedent’s spouse and children are the distributees (legal heirs to inherit the estate) of the wrongful death awards, but this is not always the case. The distributees will depend on who the decedent provided financial support for when he or she passed.

The decedent’s estate will be awarded damages for conscious pain and suffering or for fear of impending death.

Then, the estate will be distributed according to the specifications listed in the decedent’s last will and testament. If the decedent did not have a will when he or she passed, the estate will be distributed according to the New York intestate law:

  • If a decedent passes with a spouse and no children, the estate will go to the spouse.
  • If a decedent had a spouse and children upon their passing, $50,000 and half of the balance will go to the spouse and the other half will be split equally between the children.
  • If a decedent had children and no spouse, the estate will be distributed equally among the children.
  • If a decedent had living parents and no spouse or children, the estate will go to the parent(s).
  • If a decedent had siblings but no spouse, children, or parents, the siblings will divide the estate evenly.

If for some reason your wrongful death lawsuit enters a jury verdict, rather than settled out-of-court, the jury will decide how to distribute the award.

We’re Here to Help

If you lost a loved one due to another’s recklessness or willful disregard, you may be owed compensation for your losses. Let our team see if we can help you obtain justice for your family member.

Call The Odierno Law Firm, P.C. today at (631) 752-8580 to speak with an attorney about your case.

author lee odierno headshot
Lee Odierno

Lee J. Odierno is the managing partner of Odienero Law’s no-fault department. Find out more about Lee on his profile page, or visit any of his social media profiles below:

  • Linkedin
  • Avvo
  • Yelp
  • Twitter
  • Facebook

Categories Wrongful Death

Primary Sidebar

What Our Clients Are Saying

I would highly recommend their services to those that need a good personal injury law firm
I’ve been using Odierno Law Firm for over 10 years and I’ve only had nothing but success.
They checked up on me every week until my case was settled and I still hear from them from time to time.
The Odierno Law Firm is the most professional law office I have ever dealt with.
I cannot say enough about the Odierno Law Firm! Everyone I worked with truly went out of their way
Read More

schedule free consultation

No Fees Unless We Recover Money On Your Behalf

Footer

Quick Links

  • About Odierno Law Firm
  • Personal Injury Lawyers
  • Car Accident Lawyers
  • Our Results
  • Reviews
  • Contact
  • En Espanol

Local Office

The Odierno Law Firm, P.C.
145 Pinelawn Road Suite 130
Melville, NY 11747

631-752-8580

Email Us:

Call Today to Schedule
Your Free Consultation
Get Directions
  • facebook
  • twitter
  • linkedin
  • instagram
The Odierno Law Firm, P.C.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2023 All Rights Reserved. | Sitemap