Who brings the claim
New York gives the right to bring a wrongful death claim to the personal representative of the person who died, usually an executor named in a will or an administrator appointed by the Surrogate's Court. Family members do not typically sue in their own names, even though the recovery is for their benefit. A related claim, often called a survival claim, covers losses the person suffered before death and belongs to the estate. The kinds of loss that can be recovered are set by statute, and New York has seen repeated efforts to change them, so current law should be checked when the claim is evaluated. If a public agency or one of its vehicles was involved, a notice of claim may be due within a short period.
Evidence that can disappear
In a vehicle crash, the cars themselves, their event data recorders, surveillance and dashcam video, and phone records can all be important, and some of that evidence can be lost quickly if no one moves to preserve it. In a workplace or construction accident, the scene, the equipment, and safety records matter, along with any OSHA investigation. Keep the police or incident report number, the names of witnesses, and all medical and funeral records. Preservation letters to vehicle owners, employers, and property owners are often among the first things a lawyer sends. If a criminal case is pending against a driver, it moves separately from the civil claim, and its file can become useful later.
Early decisions for the family
The first steps usually include arranging for someone to be appointed to represent the estate, identifying the insurance coverage involved, and notifying insurers. In a first conversation we listen to what happened, identify every party whose conduct may have contributed, and check each deadline. We also explain how any recovery would be distributed among relatives, which follows legal rules that may not match what the family expects. You do not have to deal with insurers or the other side's representatives on your own while these steps are taken.
