Wrongful Death Proceedings

If you have lost a loved one due to the negligence of others from nursing home abuse, auto accidents or construction accidents, you may be entitled to compensation for your loss.

We have worked on hundreds of wrongful death proceedings on behalf of surviving family members in Surrogate’s Court proceedings.

Generally speaking, New York wrongful death law permits recovery but damages are limited to two basic elements: wrongful death pecuniary loss to those financially dependent upon the decedent and the claim for the conscious pain and suffering. And, under the law of New York, a wrongful death lawsuit must be brought in Supreme Court before expiration of the two year statute of limitations after the Surrogate’s Court has appointed the executor who is nominated under the Will or, if there is no Will, a family member as administrator who has priority as next of kin pursuant to statute.

If settlement is thereafter presented and accepted by the estate fiduciary, the recovery must be first approved by the New York State Supreme Court and then completed by statute in a separate proceeding in Surrogate’s Court upon receipt of consents from all interested persons and the New York State Department of Taxation and Finance.

We do not commence lawsuits nor do we represent clients in Supreme Court as our practice is limited to handling proceedings in Surrogate’s Court that include:

  • Opening of the estate for appointment of an estate fiduciary i.e. executor or administrator.
  • Commencing a compromise proceeding to allocate the settlement proceeds after a settlement has been approved in Supreme Court.
  • Reviewing special circumstances and/or application of Kaiser formula (Matter of Kaiser, 198 Misc 582 [1950]).
  • Removal of the restrictions on the appointment letters issued in Surrogate’s Court to distribute the net settlement proceeds.
  • Closing of the estate.

Contact us today for more information on death claims and how we can help you.

There is no charge for the initial consultation. Our Practice Areas.

 

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