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Logistically Speaking ~ Wrongful Death & Personal Injury Matters

In short, when a decedent dies as a result of an injury at the hand of another person, personal injury attorneys are retained by the decedent's Estate, to seek restitution for the families.

A Supreme Court is most often the venue for wrongful death and personal injury suits. A fiduciary of the decedent's Estate must be appointed, to have authority to bring the suit. The fiduciary is appointed in the Surrogate's Court.

After a settlement of the lawsuit has occurred (by trial or pre-trial), a compromise action must be brought before the court in order to get the settlement monies paid out, including the payment of final debts, attorney's fees, etc. The compromise action can be brought before the Supreme Court but a proceeding will also be required in the Surrogate's Court in order to remove the restrictions on the Letters issued by the Surrogate's Court when the fiduciary was first appointed.

From a logistical standpoint, there are many aspects pertaining to the settlement of a wrongful death and/or personal injury lawsuit. The courts must decide how much of the lawsuit is attributable to wrongful death vs conscious pain and suffering, the percentages each family member is entitled to of the suit proceeds, which debts and expenses are allowed, etc.

VPANY not only assists personal injury attorneys with the administration of the decedent's estate, but also prepares the documents necessary to obtain the final Order from the court directing the distribution of the settlement monies.


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