To file a wrongful death lawsuit in the state of New York, the person who files the suit must be the legal personal representative of the deceased person. New York is unique in that a family member of the deceased is not automatically entitled to bring this type of lawsuit in a court of law unless he or she is also the personal representative of the deceased.

Losses suffered by the deceased person’s beneficiaries and heirs may be sought along with damages that will be assessed to the deceased’s estate if the lawsuit is successful. The personal representative then holds the amount of damages awarded in trust for these beneficiaries at the end of the lawsuit once it is settled. The wrongful death lawsuit must be filed within the statute of limitations, which is within two years of the deceased person’s death. If you have questions about whether or not you may file a wrongful death lawsuit, they can be answered by the legal experts at the Law Offices of G. Oliver Koppell & Associates of New York.