Posted on 07/20/26
When someone dies because of another person’s negligence or wrongful conduct, surviving family members often wonder who has the legal right to file a lawsuit. In New York, the answer is more limited than many people realize. Unlike some states, surviving spouses, children, or parents cannot automatically file a wrongful death lawsuit on their own. Instead, the lawsuit must generally be brought by the personal representative of the deceased person’s estate.
Although the estate files the lawsuit, any compensation recovered may ultimately benefit certain surviving family members under New York law. If you have any questions about your situation, you can speak to our Buffalo wrongful death attorney by calling our office today.
Who Is the Personal Representative in a Wrongful Death Claim?
The personal representative is the individual legally authorized to act on behalf of the deceased person’s estate.
If the deceased had a valid will, that person may have named an executor. If there is no will, the Surrogate’s Court can appoint an administrator to handle the estate.
The personal representative is responsible for filing the wrongful death lawsuit, gathering evidence, working with the estate’s attorney to prove the wrongful death claim, and protecting the interests of the beneficiaries throughout the legal process.
Who Receives Compensation From a Wrongful Death Lawsuit?
Although the estate files the lawsuit, the compensation is generally intended to benefit the deceased person’s surviving distributees, sometimes referred to as statutory beneficiaries.
Depending on the family’s circumstances, beneficiaries may include:
- A surviving spouse
- Children
- Parents, in some situations
- Other family members are
The court distributes any recovery according to New York’s wrongful death and estate laws rather than simply dividing the proceeds equally among surviving relatives.
What Damages Can Be Recovered?
New York allows families to recover certain economic losses resulting from a wrongful death. Recoverable damages may include:
- Medical expenses related to the final injury or illness
- Funeral and burial expenses
- Lost financial support
- Loss of services the deceased would have provided
- Loss of parental guidance and nurturing for surviving children
- Conscious pain and suffering experienced by the deceased before death, through a related survival action
The damages available depend on the facts of each case and the losses suffered by the surviving family members.
Is There a Deadline to File a Wrongful Death Lawsuit?
Yes.
In most cases, New York law requires a wrongful death lawsuit to be filed within two years of the person’s death. However, certain circumstances can change this deadline. Claims involving government entities, medical malpractice, or other special situations may involve different filing requirements or shorter notice periods.
Because these deadlines can vary, families should avoid waiting to speak with an attorney.
What Types of Accidents Lead to Wrongful Death Claims?
Wrongful death lawsuits can arise from many different types of preventable accidents.
Some of the most common include:
- Motor vehicle accidents
- Construction accidents
- Workplace accidents
- Defective products
- Premises liability accidents
- Medical negligence
- Nursing home negligence
Regardless of how the death occurred, the key legal issue is whether another person’s negligence or wrongful conduct caused the fatal injuries.
Why Is It Important to Contact an Attorney Early?
Wrongful death cases often require an immediate investigation. Evidence can disappear, witnesses’ memories may fade, and important records may become more difficult to obtain over time.
A Buffalo construction accident attorney can help:
- Determine who should serve as the estate’s representative.
- Preserve evidence.
- Identify all liable parties.
- Calculate the family’s financial losses.
- Handle negotiations with insurance companies.
- File the lawsuit within the applicable legal deadlines.
Losing a loved one is emotionally overwhelming. Having experienced legal guidance can allow families to focus on supporting one another while the legal aspects of the case are handled.
If you believe your family member’s death resulted from someone else’s negligence, Towey Law PLLC can review your situation, explain your legal options, and help determine whether a wrongful death lawsuit may be appropriate.