When someone you love passes away unexpectedly because of someone else’s careless or harmful actions, it can turn your world upside down. The grief is deep, and the confusion about what to do next can be overwhelming.
In these heartbreaking moments, many families wonder if they can take legal steps to hold the responsible party accountable. That’s where a wrongful death claim comes in.
In Long Island, a place known for its beautiful coastal towns, close-knit communities, and vibrant neighborhoods, families often lean on one another in times of loss. But when a loss is caused by negligence, families may also need to look for wrongful death attorneys in Long Island to understand their legal rights and find a path toward justice.
It’s important to know that not everyone who was close to the deceased can file this type of claim. The law sets clear guidelines on who is eligible to do so.
This blog will break down exactly what a wrongful death claim is, who can file it in Long Island, and how the legal process works.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action that can be filed when someone dies due to another person’s negligence, misconduct, or wrongful act. This might involve situations like a fatal car crash, medical mistakes, unsafe working conditions, or even intentional harm.
The main purpose of this claim is to provide financial relief to surviving family members for the losses they’ve suffered. These losses could include funeral costs, lost income, and the emotional pain caused by the unexpected death.
Who Can Legally File a Wrongful Death Claim in Long Island?
This is where things often get misunderstood. In New York State, which includes Long Island, not just anyone related to the deceased can file a wrongful death claim.
Under New York law, only the personal representative of the deceased person’s estate has the legal right to start the claim. This person might be named in the deceased’s will or, if there’s no will, appointed by the court. Even if you’re a close family member, like a spouse, parent, or child, you cannot file the lawsuit unless you are officially named as the estate’s personal representative.
So while the losses affect the whole family, the law gives the authority to file the claim to just one person who represents the estate.
Who Benefits from the Claim?
Even though only the estate’s representative can file the claim, the money awarded through the case goes to the deceased person’s surviving family members. These are typically:
- A surviving spouse
- Children
- Parents
- Other heirs or dependents in some situations
The court will divide the settlement based on factors like financial dependence and the closeness of the relationship with the deceased. The representative acts on behalf of these survivors, not for their personal gain.
Why It’s Important to Know Your Rights
Wrongful death claims involve a lot of legal details. You need to understand the strict deadlines, what type of damages can be claimed, and who is entitled to receive compensation. It’s not something most people can handle alone, especially while grieving.
That’s why many families reach out to experienced wrongful death attorneys. A knowledgeable attorney can help determine if you have a valid claim, explain your legal options, and take care of the legal process so you can focus on healing.
Final Thoughts
Not everyone related to a deceased loved one can file a wrongful death claim in Long Island. The law gives that right to the estate’s personal representative.
However, the compensation from the claim is intended to support the surviving family members who have suffered a loss.
If you believe your loved one’s death was caused by someone else’s negligence, don’t stay in the dark. Get the facts, understand your options, and reach out for support. Taking that step could help your family find the justice and closure you deserve.
By: Chris Bates
