What You Need To Know About Filing A Wrongful Death Claim In New York

In this article, you will learn:

• How to handle a wrongful death case when your family disagrees about taking legal action.
• The proper documents and steps required to file a wrongful death lawsuit in New York.
• The process of petitioning the surrogate’s court to be appointed as a personal representative of an estate.

How Can I Get Started On Filing A Wrongful Death Claim In New York?

Technically, you do not file a wrongful death claim in New York on your own. If there is a will, the executor of the estate is responsible for retaining an attorney who will ultimately file the claim. In the event that there is no will, you will need to apply to the surrogate’s court to appoint an estate administrator.

What Documents Will I Need To File My Wrongful Death Claim?

A wrongful death claim constitutes a civil case, where a summons and complaint are required to start the lawsuit. However, prior to pursuing the claim in the surrogate’s court, there must be an executor or administrator assigned to the estate.

How Can I Acquire A Copy Of The Death Certificate In New York?

Generally, your funeral home will provide you with a copy of the death certificate. If the funeral home fails to provide proper documentation, death certificates in New York may be obtained by submitting an application to the Department of Health.

Attorney David A. Kapelman is a seasoned lawyer based in New York who has helped countless clients just like you navigate the intricacies of wrongful death lawsuits. With 40+ years of experience fighting for clients, he is prepared to assist your family after the loss of a loved one so that you can keep your focus on living your life.

Still have questions? Ready to get started? Contact the Law Offices of David A. Kapelman, P.C. today to schedule a free consultation

How Can I Become A Personal Representative If One Has Not Been Assigned In The Will?

There are procedures to be followed and forms that must be filed in order to submit an application with the surrogate’s court to be appointed as a personal representative. Your attorney will generally help you through this process; in fact, I always take care of this for my clients.

When Should I Expect To Hear From The Surrogate’s Court?

There is generally a waiting period when filing your requests with the surrogate’s court. However, this period is directly impacted by the surrogate’s court’s current workload, so processing times may vary depending on their volume of work.

If The Family Disputes Over Filing A Wrongful Death Claim, How Will The Case Be Handled?

Generally, I will confer with all involved parties and explain the differences between having an estate administrator and an estate executor. If an administrator is appointed, the surrogate’s court retains the ability to approve or disapprove of the settlement. While the administrator themself does not have this ability, family members are able to weigh in with their consent or opposition to the settlement.

What Advice Do You Give To Clients When Family Members Disagree About Whether To Pursue A Wrongful Death Lawsuit?

When family members disagree about whether to pursue a wrongful death lawsuit, I will generally explain to the best of my ability what they can expect in the process of taking legal action and allow them to decide. This is a personal decision that I choose not to influence; I only provide the necessary information for the family to make their choice.

Do You Still Have Questions? Are You Ready To Get Started?

When you are faced with Filing A Wrongful Death Claim In New York, it can be difficult to know where to turn and which steps to take. Get the information and legal answers you are seeking by contacting the Law Offices of David A. Kapelman at (212) 563-2010 today.