The Role of the Personal Representative in a Wrongful Death Claim in New York

Losing a loved one is devastating, especially when their death was caused by someone else’s negligence or wrongful actions. During such a difficult time, pursuing legal action might be the last thing on a family’s mind. However, New York’s wrongful death laws are designed to provide justice and financial relief to those left behind. One of the most important parts of this process is the personal representative, the individual who files and manages the wrongful death claim on behalf of the deceased person’s estate and family. Understanding this role is essential, and the Law Offices of Ted A. Novick can help guide families through every step of the process.

What Is a Personal Representative?

In New York, a personal representative—also known as the “executor” or “administrator” of the estate—is the only person legally allowed to file a wrongful death lawsuit. This person acts as the official representative of the deceased’s estate and is responsible for protecting the rights of surviving family members.

If the deceased had a valid will, the will typically names an executor to handle their estate. If there was no will, the Surrogate’s Court will appoint an administrator, usually a close relative such as a spouse, adult child, or parent. This appointed representative becomes the person who has the legal authority to bring a wrongful death claim.

Why the Personal Representative Is So Important

Unlike some other states, New York law does not allow every family member to file a wrongful death lawsuit directly. Instead, all claims must go through the estate’s personal representative. This system helps ensure the process is organized and that any compensation is distributed fairly among the rightful beneficiaries.

The personal representative’s job is to act in the best interests of the surviving family members. They serve as a bridge between the deceased’s estate, the court, and the family, managing both legal and financial details that can be overwhelming during such a painful time.

Responsibilities of a Personal Representative

The personal representative carries a number of critical responsibilities, including:

1. Filing the wrongful death claim: They must officially file the lawsuit in court on behalf of the deceased person’s estate.

2. Collecting evidence: This includes gathering medical records, police reports, witness statements, and other proof showing that negligence caused the death.

3. Working with attorneys: The personal representative often partners closely with an experienced wrongful death lawyer to build a strong case and navigate complex legal requirements.

4. Handling estate matters: They may need to manage the deceased person’s assets, pay outstanding debts, and keep detailed records of all financial transactions related to the estate.

5. Distributing compensation: If the lawsuit results in a settlement or verdict, the personal representative is responsible for ensuring that the money is distributed correctly among the surviving family members in accordance with New York law.

Who Benefits from a Wrongful Death Claim?

While the personal representative is the one who files the lawsuit, the beneficiaries—the surviving family members—are the ones who receive the compensation. Under New York law, eligible beneficiaries typically include the deceased person’s spouse, children, and parents.

Compensation from a wrongful death case may cover:

• Funeral and burial costs

• Medical expenses related to the injury or illness before death

• Lost wages and future financial support the deceased would have provided

• The value of services and care the deceased provided to the family

• The pain and suffering the deceased experienced before death

The personal representative ensures these funds are properly allocated according to the law and the court’s instructions.

Challenges Personal Representatives Face

Being a personal representative comes with emotional and legal challenges. Balancing grief with the responsibility of managing an estate and pursuing a lawsuit can be overwhelming. The process often involves strict deadlines, complex paperwork, and negotiations with insurance companies or opposing attorneys.

This is why many families turn to experienced legal professionals who understand wrongful death law in New York. Having a dedicated attorney ensures that the case is handled properly and that the personal representative fulfills their duties with care and confidence.

How the Law Offices of Ted A. Novick Can Help

The Law Offices of Ted A. Novick has extensive experience helping families navigate the wrongful death claims process. Their legal team understands how emotional these cases can be and works to make the process as smooth as possible. From filing court documents to gathering evidence and negotiating settlements, they handle the details so families can focus on healing.

Final Thoughts

The personal representative plays a vital role in seeking justice after a wrongful death in New York. While the responsibility can feel heavy, it’s an important way to honor a loved one’s memory and provide for the family’s future.

If you have lost someone due to another person’s negligence, understanding your rights and responsibilities under New York law is essential. With the right guidance, families can take meaningful steps toward accountability, closure, and recovery.