A wrongful death claim, is a claim made against a party or a company that is responsible for causing the death of a loved one through their negligence. There are two important questions involved in a wrongful death claim: 1) Who is entitled to bring the claim and 2) Who is entitled to share in the benefits of any successful recovery? First of all, a wrongful death claim must be brought by a personal representative of the estate of the decedent. That is one of either two parties; an executor under a will or, where there is no will, an administrator who is appointed by the probate court in New York to represent the estate.
In terms of who can benefit and who’s entitled to receive benefits, those would be the heirs or, as New York calls it, the benficiarys of a decedent. Typically, if someone is married with children, spouse and children share. If someone has no children or spouse, there are still parties, such as parents or siblings, who are entitled to receive benefits. It is important that the right party retain the attorney. Then the party, who has the authority, can proceed and prosecute a claim for wrongful death benefits.
The law office of Weinstein, Chase, Messinger and Peters is composed of dedicated attorneys, who have years of experience dealing with personal injury cases throughout the Brooklyn, New York area. Contact them for your free initial consultation.