As we know, accidents can happen anywhere and at any time. Since they are not foreseen incidents, it can be hard to recover from them financially. These accidents can lead to a slew of medical bills that can put people in debt. Sometimes these accidents prove to be life-threatening. They can even result in death. If you have a loved one who has suffered from an accident and died, you may be eligible to file a wrongful death claim.
A wrongful death claim can benefit the filer by providing compensation. This compensation can help to afford costs for the funeral arrangements or to pay off the medical bills of the individual. With this extra money, the family will be relieved of some stress during this emotional time.
Who decides how much money is included in the claim?
Upon filing a wrongful death claim, the case will need to be heard by a judge who decides on the matter. When deciding on the amount of compensation provided to the family, the judge will consider a number of factors. These factors may include burial and funeral expenses, loss of contributions for alimony or child support, lost income if the person was to have lived, loss of household services, including spousal and parental responsibilities and mental suffering on behalf of the family.
Who should file the wrongful death claim?
New York state laws state that the wrongful death claim has to be filed by the state’s Estate Powers and Trusts Law by the personal representative of the estate. The personal representative is the individual who was named by the deceased person to manage their property and money. They are responsible for distributing the deceased’s estate to the beneficiaries.
Although the representative is the only one allowed to file the claim, they are not the only one who benefits from it. The compensation that is won from the claim can be added to the existing estate and distributed according to the wishes of the deceased. If there was no representative named to act on behalf of the deceased, a family member or another individual interested in the estate may file an application with the Surrogate Court to be formally named as the administrator of the estate.
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