[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.buffalolaw.com\/who-can-file-a-claim-for-wrongful-death-in-new-york\/#BlogPosting","mainEntityOfPage":"https:\/\/www.buffalolaw.com\/who-can-file-a-claim-for-wrongful-death-in-new-york\/","headline":"Who Can File a Claim for Wrongful Death in New York?","name":"Who Can File a Claim for Wrongful Death in New York?","description":"Your loved one has perished in an untimely accident, and now you\u2019re wondering whether you can seek compensation for your loss. The answer depends on whether you\u2019re a personal representative of the deceased\u2019s estate. Even if you\u2019re not, it doesn\u2019t...","datePublished":"2024-04-25","dateModified":"2025-09-17","author":{"@type":"Person","@id":"https:\/\/www.buffalolaw.com\/author\/dwolff\/#Person","name":"David Wolff","url":"https:\/\/www.buffalolaw.com\/author\/dwolff\/","identifier":27,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/64eb92ad9148da9738cdecc03e560b071b8f516c5c0cd624aa4a60024d6548ee?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/64eb92ad9148da9738cdecc03e560b071b8f516c5c0cd624aa4a60024d6548ee?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Cantor, Wolff, Nicastro & Hall LLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2020\/11\/logo.png","url":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2020\/11\/logo.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2024\/05\/Wrongful-Death.jpg","url":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2024\/05\/Wrongful-Death.jpg","height":628,"width":1200},"url":"https:\/\/www.buffalolaw.com\/who-can-file-a-claim-for-wrongful-death-in-new-york\/","about":["Personal Injury"],"wordCount":592,"articleBody":"Your loved one has perished in an untimely accident, and now you\u2019re wondering whether you can seek compensation for your loss. The answer depends on whether you\u2019re a personal representative of the deceased\u2019s estate. Even if you\u2019re not, it doesn\u2019t mean you can\u2019t recover damages. It simply means you can\u2019t sue for wrongful death yourself.Below, a New York wrongful death attorney discusses who can file a claim in our state.Who May File a Wrongful Death Claim in New York?Many states allow any of the deceased\u2019s immediate family members to file a wrongful death claim, but New York isn\u2019t one of them. In NY, only the personal representative (also called the executor) of the deceased\u2019s estate can file a claim.The personal representative is often a family member, such as the deceased\u2019s spouse or adult child. They may also be a third party. If the deceased didn\u2019t name an executor, the court will appoint a representative on their behalf.What Do You Need To File a Wrongful Death Claim?To qualify for a wrongful death claim, you must meet three requirements:The negligence or act of a person\/entity would have allowed the deceased to file an action to recover damages had they survived.The deceased has surviving children, dependents, or distributees.The deceased\u2019s death led to monetary damages. Damages Available for Wrongful DeathDamages that you can recover include:Funeral and burial expensesLoss of inheritanceThe deceased\u2019s final medical billsThe deceased\u2019s lost wagesLoss of guidance, care, and nurturing to surviving childrenLoss of services and support to the familyIf you would like to sue for the deceased\u2019s pain and suffering, note that you cannot do so with a wrongful death claim. That\u2019s because a wrongful death claim is based on damages to surviving family members, while a pain and suffering claim is based on damages to the deceased.When a person dies in New York, claims for pain and suffering transfer to their estate. The personal representative can then make a separate claim for pain and suffering. Often, pain and suffering claims and wrongful death claims are combined into a single suit for simplicity.Who Can Claim Wrongful Death Benefits?New York State distributes wrongful death benefits to surviving family members in order of priority. The court awards compensation like so:The court gives the deceased\u2019s spouse all awarded damages if there are no surviving children.For a surviving spouse and children, the court gives the spouse $50,000 and half of the estate balance if applicable. The rest of the estate is divided equally among the children if they are of the same generation. If not, the court gives the largest share to the children from the generation closest to the deceased.If the deceased had no spouse, the court equally divides the estate among their children.If there are no children and no spouse, the court may award the estate to surviving parents.If there are no surviving parents, the court can award the estate to surviving siblings.Contact a New York Wrongful Death LawyerLosing a loved one is always terribly painful, especially when you didn\u2019t expect their passing. If you are the deceased\u2019s personal representative and would like guidance on how to proceed with a claim, reach out to a wrongful death attorney in NY from Cantor, Wolff, Nicastro & Hall LLC.For a free consultation,\u00a0contact us online\u00a0or call\u00a0(716) 848-2600."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Who Can File a Claim for Wrongful Death in New York?","item":"https:\/\/www.buffalolaw.com\/who-can-file-a-claim-for-wrongful-death-in-new-york\/#breadcrumbitem"}]}]