In a wrongful death lawsuit, the deceased’s statutory beneficiaries get the money in New York. This includes a spouse, the children, or any surviving parents. It’s all based on their financial dependence.
This process takes place after the personal representative files the claim on behalf of the estate. A wrongful death lawsuit is meant to hold negligent parties accountable when their actions cause someone’s death, but the laws are specific about who receives the compensation.
Unlike many other states, New York limits who can file the lawsuit and which family members are legally entitled to the proceeds. If you recently lost someone due to negligence, a Long Island wrongful death lawyer can help you understand how to proceed.
The Legal Framework for Wrongful Death Claims in New York
Under New York state laws, a wrongful death occurs when a person’s death is caused by another party’s negligence, recklessness, or misconduct. However, only one person has the legal authority to file the lawsuit.
More specifically, only the personal representative of the estate is authorized to file the wrongful death claim. Here’s who this might include:
- An executor named in a will
- An administrator appointed by the Surrogate’s Court
Even if the surviving spouse, child, or parent stands to receive the money, they cannot file the lawsuit unless they are legally appointed as the representative.
Once the case resolves, the compensation does not go to the personal representative personally. Instead, it will be distributed to the eligible beneficiaries under New York’s estate and wrongful death statutes.
Who Qualifies to Receive Money From a Wrongful Death Lawsuit?
New York limits recovery to those who suffered a financial loss as a result of the death. Emotional grief, sorrow, and loss of companionship are not compensable under New York’s wrongful death statute. Let’s look more closely at how eligibility works.
Primary Beneficiaries: Spouses
A surviving legal spouse is usually the primary beneficiary. They may recover compensation for:
- Loss of the deceased’s financial support
- Loss of household services
- Loss of parental contributions to children
- Funeral and burial expenses
- Medical expenses related to the final injury
That said, New York does not allow a spouse to recover for:
- Emotional anguish
- Loss of companionship
- Loss of consortium
- Pain and suffering caused by their grief
These non-economic damages are not available in wrongful death cases in New York.
Children and Dependents: What They Can Receive
Children—including both biological and legally adopted children—may receive wrongful death proceeds. Their compensation is based on economic loss:
- Loss of financial support that the parent would have provided
- Loss of parental services, like caregiving, guidance, or other help in the home
- Loss of expected future contributions
Adult children might also qualify if they can show that they relied on the deceased for financial support. However, New York does not compensate children for emotional loss, grief, or loss of love.
Parents as Beneficiaries When a Child Dies
When a minor child passes away, parents may receive compensation, but only for economic losses:
- Funeral and burial expenses
- Loss of household services
- Loss of financial contributions the child would reasonably have provided in adulthood
New York does not allow recovery for these consequences that they may endure
- Emotional pain and suffering
- Loss of love
- Loss of companionship
Even in the aftermath of the death of a child, these categories of damages are not permitted in a wrongful death action.
Siblings and Other Relatives: Limited Eligibility
Siblings, grandparents, aunts, uncles, or other relatives rarely qualify. They are only entitled to compensation if they can prove they were financially dependent on the deceased person.
Examples might include a sibling supported by the deceased due to disability or a grandparent financially cared for by the deceased. Ultimately, simply being emotionally close or part of the family is not enough to qualify.
How Wrongful Death Compensation Is Distributed Among Multiple Beneficiaries
If more than one beneficiary qualifies, New York expects an equitable distribution of the recovery. Let’s take a look at a few common dynamics and what typically happens as a result of these circumstances:
- A spouse and children: Distribution often gives the spouse a priority share, with the remainder divided among children.
- Multiple children only: Funds are typically divided evenly.
- No spouse, children, or parents: Only financially dependent relatives can receive compensation.
The Surrogate’s Court will likely review and approve the final distribution based on dependency as well as fairness.
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What Damages Are Recoverable in a New York Wrongful Death Case?
New York only allows eligible parties to pursue economic damages:
- Funeral and burial costs
- Medical expenses related to the fatal injury
- Loss of the deceased’s future earnings
- Loss of health insurance, pension, or other benefits
- Loss of parental services or household services
Non-economic family damages are not allowed. This means the law does not allow you to pursue recovery for:
- Grief
- Emotional pain
- Loss of companionship
- Loss of love
- Loss of consortium
These categories are strictly prohibited in New York wrongful death actions.
Pain and Suffering Belong to a Survival Action, Not a Wrongful Death Claim
There is only one type of non-economic damage available, and it belongs to a separate legal claim called a survival action.
A survival action allows the estate to recover damages for the conscious pain and suffering the deceased person experienced between the injury and death.
This compensation does not go directly to family members for their emotional losses. It becomes part of the estate and is distributed according to New York’s estate laws or the deceased’s will.
Documentation Needed to Prove Financial Loss
Beneficiaries must prove the economic losses they suffered:
- Pay stubs
- Tax returns
- Employment benefit records
- Medical and funeral bills
- Evidence of household services
- Proof of financial dependency for siblings or other relatives
Accurate documentation helps ensure each qualifying beneficiary receives an appropriate share of the recovery.
Call Us ASAP to Learn More About Who Gets the Money in a Wrongful Death Lawsuit
Losing someone you love is already heavy enough. Trying to understand how New York handles wrongful death compensation on top of that can feel almost impossible to bear. The laws around who’s entitled to what are specific, and people don’t usually know where to begin.
Reaching out to Levine And Wiss will give you a chance to talk to attorneys who have handled cases like yours many times before. We can explain what the law actually says in a way that makes sense to you. With 100 years of experience, we’ve helped thousands of people.
In that time, we’ve recovered hundreds of millions in compensation. When you reach out to us, you won’t have to handle any aspect of your case by yourself. We’ll make it possible for you to move forward with a little more certainty and a little less confusion.
