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Who Can File a Wrongful Death Claim in New York?

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Who Can File a Wrongful Death Claim in New York?

Losing a loved one is always devastating, but it can be especially painful if the death was entirely preventable. This is a tragic reality faced by thousands of families every single year. According to the Centers for Disease Control and Prevention, there were nearly 150,000 unintentional injury deaths in 2015 alone.

Fortunately, under New York’s Estates, Powers & Trusts Laws (EPTL), surviving family members of wrongful death victims may be entitled to compensation for any damages they have incurred. The EPTL includes wrongful death statutes that grant an estate’s personal representative the right to sue on behalf of certain family members.

If your loved one died due to another person’s reckless or negligent actions, contact The Law Offices of Richard M. Kenny to discuss your case. Attorney Richard M. Kenny has more than 26 years of experience practicing law and has won several multimillion-dollar verdicts for his clients. Call 212-421-0300 to schedule a free case evaluation with a compassionate wrongful death lawyer in New York City.

Who Can File a Wrongful Death Claim in New York?

In New York, the personal representative of the deceased’s estate may file a wrongful death claim on behalf of eligible beneficiaries. This differs from many other states, where family members themselves can bring a claim against any parties responsible for their loved one’s death. The only scenario in which a relative may file a wrongful death claim in New York is if the relative also happens to be the personal representative.

If the deceased died without a will and therefore did not designate an executor, someone with a vested interest in settling the estate may request to take on the role. Once the court designates a representative, he or she may then file a wrongful death claim if the circumstances of the deceased’s passing warrant such action.

Who Is Entitled to the Compensation That Results from a Wrongful Death Claim in New York?

The executor files the claim on behalf of the estate, which means he or she may not necessarily receive any portion of the settlement. When a case does result in a payout, the surviving spouse and children are entitled to it.

If the deceased had no spouse or children at the time of death, other parties who are eligible to collect compensation include parents and siblings. Each party’s total award will depend on the number of surviving beneficiaries and their relationship to the deceased.

Call 212-421-0300 to Speak with a Wrongful Death Attorney in New York City

If you recently lost a loved one and want to hold the liable party financially accountable, turn to an accident lawyer at The Law Office of Richard M. Kenny. Attorney Kenny has recovered more than $100 million for his clients in successful settlements and verdicts.

Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. Call 212-421-0300 or fill out our Contact Form to schedule a free consultation with a New York City personal injury lawyer.

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Whether you need a Bronx car accident lawyer, birth injury lawyer, construction accident lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped hundreds of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

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If you've been injured due to the negligence or wrong-doing of another, we can provide you and your loved ones with the legal support needed to ensure proper medical attention, long-term treatment and fair, reasonable financial compensation is received for your injury. The initial consultation is always free. For immediate assistance, call (212) 421-0300.

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