(Newswire.net — March 29, 2022) — Wrongful death is when someone dies because of the negligence or carelessness of another person. If that person lived in New York, the family could file a compensation claim after such wrongful death.
When someone dies in New York, certain requirements have to be met. One of these is that there has to be a competent witness documenting the death. Hopefully, this will help prevent a long process that can take many years before compensation is granted. These are the people that are entitled to compensation after a wrongful death.
Spouse
The law clearly states that the spouse is entitled to compensation after a wrongful death. It includes a marriage that occurred outside of the United States, and it does not matter if they conceived any children during the marriage.
If there are children in the marriage, the spouse gets half while the children split the other half. If the marriage is dissolved and there are children, the spouse gets nothing while the children share the whole amount.
Children
The law states that children are entitled if they have reached eighteen years of age before their parent dies. The children do not need to have any legal relationship with the parent or even live with them at the time of their death.
Since the law states that a child is entitled if they have reached eighteen years of age before their parent’s death, this also applies to children living away from home. The court will direct that the compensation be divided equally among the children.
Siblings
In the event of wrongful death, if the deceased had a sibling or siblings that depended on them financially, they are entitled to compensation.
If it were possible that the sibling would have received a portion of the estate, they would be entitled if their relationship with the deceased was so close that they had been considered their child. A wrongful death lawyer in New York should be able to help with this.
Parents
The parents of a deceased person will receive compensation for wrongful death, medical malpractice, or a fatal injury. The deceased child’s parents would be entitled to compensation if an adult child inherited their estate or took care of the parent while they were alive.
When the victim has no spouse, children, or siblings, the next in line to receive compensation would-be parents. The parents are to receive the full amount.
Grandparents
The law states that grandparents can be compensated if the deceased wasn’t married, didn’t have any children, and their parents are dead. To qualify for compensation, the grandparents have to be the only relative the victim’s family can turn to for financial support. It does not matter what type of relationship the child had with their grandparent.
They are still entitled to collect compensation if they were classified as dependents of the deceased person at the time of death.
Administrator or Executor of The Deceased Person’s Estate
An administrator or executor of the deceased person’s estate can receive compensation after a wrongful death. If the deceased didn’t have a Will, the court would appoint an administrator to distribute the assets. The money will be divided among the estate beneficiaries, and the administrator will be compensated for their work.
Legal Guardian or Caretaker of The Deceased Kids
In the event of wrongful death, if the deceased’s parents are dead and have no siblings, grandparents, or next of kin and the deceased had minor children who require financial help with education and other uses that the state cannot handle.
A relative, any relative, is allowed to be appointed as their legal guardian. They will receive the compensation and use it to pay for the kid’s basic living expenses.
Final Thoughts
In conclusion, different factors are considered for wrongful death compensation. If these requirements are not met, there is no possibility of compensation. It is essential to have a lawyer experienced in this field.
A good lawyer will ensure that the court works for you and is in your best interest. You and other family members will also receive compensation if a wrongful death had occurred.
Author Information
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.