Pursuant to the New York Estates Powers and Trust Law (EPTL), the distributees (next of kin) of the deceased loved one are entitled to receive compensation. Generally, that includes a spouse and children, or a spouse and parents if there are no children. If there is no spouse, no children and no parents, it will [...]

There are two types of money damages that family members can receive after the passing of a loved one because of someone else’s negligence. The first type of damage is for the financial losses suffered by the family members.  These losses may include claims for loss of support, voluntary assistance, and possible inheritance, as well [...]

In New York, families are not entitled to be compensated for their grief, loss of affection, loss of society or loss of the romantic relationship. Many lawyers in New York, including George LaMarche, have been trying to change this law for years.

A child may be entitled to money for loss of financial support, inheritance, parental guidance and care as well as moral and intellectual training.

Family members are eligible to be reimbursed for funeral expenses and medical expenses incurred on behalf of their deceased loved one.

An estate representative is appointed by a Surrogate Court to handle the processing of estate matters and represent the estate of the loved one (decedent) in any legal claim or lawsuit.  When someone dies with a Last Will and Testament, the Will is submitted to Surrogate Court (known as “probating the will”) and the person [...]

The estate representative (Executor/Executrix/Administrator/Administratrix) is the person who retains the attorney and signs all paperwork associated with making a claim or commencing and resolving a lawsuit for the wrongful death of the loved one. The estate representative serves as the point of contact with the attorney and the decision maker as to whether the case [...]

It is not always necessary to file a lawsuit to receive a settlement for a wrongful death claim. Your wrongful death attorney may be able to negotiate a settlement with the insurance company of the negligent party. Any resolution of the legal claims related to your loved one must be submitted to the Judge in [...]

The New York Estates Powers and Trust Law governs who is entitled to receive the proceeds.  The Surrogate Court uses that law to determine who receives the proceeds and how much each family member receives based on criteria established by statute and case law.  When a settlement or verdict is reached, documents are submitted to [...]

The untimely death of a family member because of the negligence or wrongdoing of another person -- a motorist, a doctor or a company is very difficult to accept. Sadly, the family who is left behind will suffer for years to come and the grieving process is often harder knowing your loved one’s death was [...]