Two claims, one representative
A traffic accident death in New York can give rise to a wrongful death claim for the benefit of certain family members defined by law and, separately, a claim the estate holds for what the person went through before dying, such as conscious pain and suffering. Both are generally brought by a personal representative appointed through the Surrogate's Court. New York's wrongful death recovery has traditionally focused on financial losses to the family, and the law in this area has been the subject of ongoing legislative debate. Which losses can be claimed is something to confirm against the current law in your case.
How a settlement is handled
Settlements of death claims in New York generally require court approval, and the court oversees how the wrongful death portion is divided among family members. That can feel like a burden, but it protects children and others who cannot speak for themselves. Medical and funeral expenses, and any liens, are dealt with as part of that process. Family members do not always agree, and the process allows those disagreements to be heard. If a child of the person who died is entitled to part of the recovery, the court usually sets terms to protect that share until the child comes of age.
Starting the process
The deadline for a wrongful death claim generally runs from the date of death, and claims against public bodies need a much earlier notice of claim. We help families understand who should serve as representative and how to begin the Surrogate's Court appointment. We also gather the investigation records and look at every policy that may apply. Throughout, we try to keep the legal work from adding to what the family is already carrying. Some families want to wait until a criminal case is finished, and we can talk through what can safely be deferred and what cannot.
