Who Can Sue for a Wrongful Death in New York?

If your loved one passes away due to another’s negligent behavior, you may consider filing a wrongful death suit to obtain compensation. In New York, a wrongful death claim can only be made by the deceased’s personal representative. However, the deceased’s beneficiaries can receive any damages awarded in the case.

Anyone involved in a wrongful death lawsuit should consult a wrongful death lawyer. A qualified wrongful death attorney from Catalano Law can defend the deceased person’s interests and their family’s right to fair compensation from the at-fault party.

Who May File for Benefits in New York State?

In New York, a wrongful death results from negligent action or inaction that a person could have sought compensation for if they had lived. The state considers wrongful death a direct injury to a deceased person, making it a legal issue requiring personal action.

A personal representative of the deceased is responsible for filing the claim on behalf of the victim, as the victim cannot file the claim. In New York, surviving family members cannot sue directly for wrongful death unless they are appointed as the deceased’s personal representative.

Understanding the Role of the Personal Representative

Who is a Personal Representative?

In New York, a personal representative, also known as an executor or administrator, is the individual legally appointed to solely manage the affairs of a deceased person’s estate.

Qualifying as a Personal Representative

Generally, any adult can serve as a personal representative. However, the deceased person’s will may specify a specific individual who they believe should hold this role. If the will doesn’t name a personal representative, the court typically appoints a spouse, close family member, or other trusted individual who will act in the best interests of the heirs of the deceased’s estate to serve the role.

Responsibilities of a Personal Representative

The duties of a personal representative are extensive and include:

• Inventorying the Estate: Identifying and documenting all assets and liabilities of the deceased.
• Notifying Beneficiaries: Informing all known beneficiaries of the deceased’s passing and their rights to the estate.
• Paying Debts: Settling outstanding debts of the deceased using the estate’s assets.
• Filing Taxes: Filing the deceased’s final income tax return and any taxes attached to the estate.
• Distributing the Estate: Distributing the remaining assets to the beneficiaries after all debts and assets are settled.
• Filing the Wrongful Death Claim: Filing the lawsuit on behalf of the deceased’s estate and any beneficiaries.

Who is Eligible to Receive Wrongful Death Benefits?

In wrongful death claims, New York State prioritizes the deceased person’s spouse and children before their surviving parents and siblings. The damages can be divided equally if the children are of the same generation.

Compensation will be awarded to the deceased’s beneficiaries in the following order and amounts:

• When no children are involved, the spouse receives all awarded damages.
• With a spouse and children, the spouse receives the first $50,000 plus half of the balance of the estate. If the children are in the same generation (no grandchildren), the rest of the estate is divided equally among them.
• If there is no spouse, children are equally entitled to the deceased’s estate as long as they belong to the same generation.
• The surviving parents of the deceased person can receive damages if there is no spouse and children.
• The surviving siblings receive the damages as long as they are in the same generation if there are no surviving parents.

What if There Are Multiple Generations of Descendants? 

If the deceased has children of multiple generations (children, grandchildren, and great-grandchildren), the state of New York gives preference to those from the closest generation to the deceased.

For instance, look at this scenario in which a deceased person’s estate is worth $450,000.

• Their spouse receives $50,000, plus $200,000 of the remaining of the estate, and their two children will receive $100,000 each.
• Each deceased member of the first generation has an equal share to distribute to their children. Assuming that a child dies before their parent and leaves two grandchildren, the grandchildren receive $50,000 from the first-generation child’s share of the estate.
• If all the beneficiaries from this first generation have passed, their portion will be dispersed equally among their children.
• If the other child also predeceases and has two grandchildren, each of the four grandchildren receives $50,000 each, or one-fourth of the children’s $200,000.

Your lawyer can inform you and your family about your legal rights to compensation, based on your relationship to the deceased.

Overview of Wrongful Death Benefits in New York State

Family members can recover various damages from a wrongful death lawsuit, including:

• Medical bills for the deceased’s illness or injury
• Funeral and burial expenses
• Loss of inheritance for survivors
• Loss of wages the victim would have earned if the accident hadn’t occurred
• Loss of consortium for the surviving spouse and children
• Pain and suffering experienced by the deceased due to their injury or illness

The state of New York does not compensate you for pain and suffering, loss of companionship, or mental distress. The Syracuse wrongful death lawyers at Catalano Law can help you determine the specific damages that may apply in your wrongful death claim.

Seek Compensation for Your Loved One’s Death

If your loved one died because of negligence by another party, Catalano Law can ‌assist your family with filing a wrongful death claim in New York. We will protect the rights of you and your family and seek justice on behalf of your deceased loved one. Contact Catalano Law for a free initial consultation to start your wrongful death lawsuit. 

Originally published May 16, 2022. Updated September 11, 2024.