Who files for wrongful death, and when must it be done?
The sudden and unexpected loss of a loved one in a fatal car crash can have a devastating effect on the victim's family. New York provides a method by which family members may receive compensation, but the law does not give them the right to file the claim. Instead, the personal representative of the deceased victim's estate, be it an executor or administrator, must bring the lawsuit on behalf of the survivors.Not permitting the family members of the victim of a fatal accident to file a wrongful death cause of action is just one of the ways in which New York differs from other states. Some states allow family members to receive compensation for their pain and suffering associated with the loss of a loved one, but New York does [...]