While the death of an innocent victim can cause grief and hardship for the family, only certain people can bring a wrongful death claim here in New York. According to New York Consolidated Laws, Estates, Powers and Trusts Law section 5-4.1, this is who is eligible to file:
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- A child of the victim: Not only may the child be partially or fully dependent upon the victim for financial support but the emotional void in that child’s life resulting from this death cannot be overstated.
- A parent of the victim: Every parent’s worst nightmare is to lose a child. While no one can undo this, the legal system is built to provide financial recourse for the grieving parent(s).
- The victim’s spouse: The financial and emotional trauma of losing a spouse is undeniable. Again, the legal system provides financial relief to enable the spouse to focus on the grieving process rather than how the bills will be paid.
- The personal representative of the victim’s estate: This may be a sibling or cousin of the victim. This will typically only apply if they are appointed by the court because there is no surviving child, parent, or spouse of the victim. A personal representative, put in charge of another person’s financial affairs, is usually selected by the individual– while they are still alive. However, many victims of wrongful death still had a full life ahead of them and never imagined that it would end so soon. They did not draw up a will or trust at the time of the accident. In these cases, a relative or other individual with a personal interest in the victim’s estate may file a request to be named the personal representative. If the court appoints them as the trustee of the estate, they will be in charge of settling the victim’s financial affairs and will be eligible to file a wrongful death claim on the victim’s behalf.
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It’s Important to Hire an Experienced Lawyer
The emotional and financial toll that these cases take on the surviving loved ones is serious. At Friedman, Levy, Goldfarb & Green, P.C., we urge people who may have grounds for a wrongful death claim to hire an experienced lawyer as soon as possible. Your New York wrongful death attorney can do the heavy lifting to help maximize the amount of financial compensation that you receive– so you can focus on healing.
Aggressively Pursuing Justice for More Than 50 Years
At Friedman, Levy, Goldfarb & Green, P.C., we have been pursuing justice for injured New Yorkers for over half a At Friedman, Levy, Goldfarb & Green, P.C., we have been pursuing justice for injured New Yorkers for over half a century. We are a trustworthy firm that will aggressively fight for our clients’ legal rights. One client lost his wife soon after she gave birth to their second child. She developed severe anemia and died of a heart attack. The bleeding during her Caesarian section had not been adequately controlled in time. No one can ever bring back his wife or their child’s mother, but we were able to secure a $2.7 million malpractice settlement on his behalf.
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If you have any further questions aboIf you have any further questions about who can bring a wrongful death claim here in New York, call our attorneys at Friedman, Levy, Goldfarb & Green, P.C. today to arrange a complimentary case review. We work on a contingency fee basis, meaning you will never pay us anything unless you win your case.