When a loved one dies in New York as the result of the negligent, reckless actions of another person or entity, a wrongful death lawsuit may be initiated to recover monetary damages. In most states, the family of the deceased has the right to file a claim for wrongful death.
However, family members do not necessarily have the right to file a claim for wrongful death in New York. Rather, a personal representative of the deceased must file the claim on their behalf. In theory, the personal representative acts as a substitute for the victim in filing a wrongful death lawsuit against the person that caused their death.
Simply put, a personal representative responsible for handling the estate of the deceased--from a close friend to an attorney. Although it was mentioned earlier that family members are not allowed to bring a wrongful death case, the family member can act as the decedent's personal representative.
In addition to damages for any losses suffered by the deceased person’s estate, a New York wrongful death claim obtain compensation for the deceased individual’s beneficiaries, heirs, or devisees. The personal representative is responsible for giving out the award to the surviving family members of the deceased.
According to the New York statute of limitations, a wrongful death claim needs to be filed within two years the deceased plaintiff passed away. The state also allows extra time to file if the victim is a child or someone with a disability.