After the heartbreaking loss of a loved one, the last thing you want to think about is money. Unfortunately, if someone’s negligence or recklessness was responsible for your loved one’s death, there’s no avoiding it. While it may feel unpleasant to ask who gets the money in a wrongful death lawsuit, it’s a crucial question and one you’ll want to know the answer to before beginning the process of suing the at-fault party. A wrongful death attorney can help guide you through the legal process of determining who gets the money.
Who Gets the Money in a Wrongful Death Lawsuit?
The New York statutes addressing wrongful death lawsuits are intended to offer compensation to individuals who have suffered the loss of a loved one due to a negligent or malicious act. The relationship between the deceased and the possible recipient often determines the distribution of funds.
Usually, compensation will be awarded proportional to the economic loss the recipient faces because of the fatality. This distribution of compensation from a wrongful death lawsuit will be defined in settlement agreements. The surviving spouse and any children are typically the primary recipients. However, if the decedent financially supported others, they may also be included.
Pain and Suffering in a Wrongful Death Lawsuit
Damages awarded for the decedent’s pain and suffering or fear of impending death are added to the victim’s estate. The estate will be allocated based on the decedent’s will.
If the deceased does not have a will, the estate, including the damages, will be dispersed per New York intestate law. Intestate is the term for dying without a will in place. N.Y. Est. Powers & Trusts Law ยง 5-4.1 (McKinney 2002) dictates the following estate disbursement when a will is not in place:
Married With and Without Children
If the deceased party is married without children, distribution is straightforward. The spouse receives the entirety of the estate, including the damages for emotional pain and suffering. When the deceased is survived by a spouse and at least one child, 50% of the estate and $50,000 will go to the spouse. What remains will be split evenly among the deceased party’s children.
Unmarried With Children
If the decedent is unmarried, the entire estate is divided equally among their children. Grandchildren are not included in this disbursement.
Other Common Scenarios
If one or both of the deceased party’s parents are alive, and the decedent did not have children, the parents divide the estate. In the event that the decedent had no spouse, parents, or children to claim the estate, it would go to their sibling(s).
Filing a Wrongful Death Lawsuit
Keep in mind, even if a loved one will be receiving the restitution, that doesn’t mean they are permitted to file the lawsuit. New York restricts who can bring a wrongful death lawsuit before the court.
Only property representatives or executors of the deceased party’s estate can file a wrongful death lawsuit. The one exception is that if a family member is also the executor, it is allowed.
Contact a Queens, NY Wrongful Death Lawyer Today
The laws surrounding wrongful death lawsuits are involved and are tedious for the average individual to navigate at the best of times. Following a heartbreaking loss, dealing with legalities and paperwork is even more overwhelming. In addition to the state statute requiring a representative or executor to bring the lawsuit to court, having a lawyer handle your case offers you the best chance of receiving fair compensation.
The Law Office of Barry M. Goldstein provides Queens and the surrounding areas with experienced legal representation that will reduce the stress of filing a wrongful death lawsuit. Our team will provide the guidance and support you need. Contact the Law Office of Barry M. Goldstein today and schedule a free consultation to discuss the details of your lawsuit.
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