When a loved one passes away due to another party's negligence or intentional actions, the aftermath is not only emotionally devastating but also legally complicated. Among the many considerations for grieving families is determining who will take on the responsibility of pursuing a wrongful death claim. This is where the executor or administrator of the deceased's estate steps in. Their role is important in ensuring justice is served, and compensation is sought on behalf of the surviving family members.

Understanding the Basics: Executor vs. Administrator

Before diving into their role in a wrongful death claim, it's important to understand the distinction between an executor and an administrator:

• Executor: An executor is someone named in the deceased's will to manage their estate after death. This individual is typically a trusted family member, friend, or professional appointed by the deceased before their passing.
• Administrator: If no will exists, the court appoints an administrator to handle the estate. This person is often a close relative or another qualified individual approved by the court.

Both roles involve managing the deceased's estate, but in the context of a wrongful death claim, they also serve as the legal representative who can file the lawsuit.

Why is an Executor or Administrator Necessary?

In wrongful death claims, legal procedures dictate that only a specific individual—typically the executor or administrator—has the standing to file the lawsuit. This is because the claim is technically brought on behalf of the deceased's estate, not the surviving family members directly. The court grants this representative the legal authority to act on behalf of the estate and pursue justice for the harm caused.

Filing a Wrongful Death Claim

The executor or administrator is responsible for initiating the wrongful death lawsuit. This involves several key steps:

1. Hiring Legal Representation: The executor or administrator must work with a wrongful death attorney who specializes in such cases. The attorney will walk them through the legal process, from filing the complaint to navigating settlement negotiations or trial proceedings.
2. Gathering Evidence: Part of their duty involves collaborating with the attorney to collect evidence supporting the claim. This includes medical records, accident reports, witness statements, and other documentation that demonstrates negligence or wrongdoing.
3. Identifying Beneficiaries: A wrongful death claim seeks compensation for the losses experienced by the deceased's survivors. The executor or administrator must identify the eligible beneficiaries, which typically include the spouse, children, and sometimes parents or other dependents.
4. Representing the Estate in Court: In cases where the claim proceeds to trial, the executor or administrator acts as the official representative of the estate in court, presenting evidence and advocating for a fair resolution.

Compensation in a Wrongful Death Claim

One of the most significant responsibilities of the executor or administrator is ensuring the proper distribution of any compensation recovered. Damages in a wrongful death claim often include:

• Economic Losses: These cover tangible financial losses such as medical bills, funeral expenses, and lost income or benefits the deceased would have provided.
• Non-Economic Losses: These include intangible losses such as pain and suffering, loss of companionship, and emotional distress suffered by the surviving family members.
• Punitive Damages: In some cases, courts may award punitive damages to punish the at-fault party for egregious misconduct.

Once the court or settlement determines the compensation, the executor or administrator must distribute the funds according to the laws of the state and the specifics of the case.

Challenges Faced by Executors and Administrators

Managing a wrongful death claim can be a daunting task. Executors and administrators face numerous challenges, including:

• Legal Complexity: Wrongful death laws vary by state, and understanding the specific statutes, filing deadlines, and procedures can be overwhelming.
• Emotional Strain: As the legal representative, the executor or administrator must balance their personal grief with the demands of the legal process.
• Family Disputes: Disagreements among surviving family members about the distribution of damages can complicate the executor or administrator's role.

How States Differ in Wrongful Death Claims

The laws governing wrongful death claims vary across jurisdictions, including who can serve as an executor or administrator and how damages are distributed. For instance, in New York, the personal representative must file the claim, and damages are distributed directly to beneficiaries based on their relationship to the deceased. In contrast, California allows both the estate's representative and certain family members to initiate the claim.

Understanding these nuances is vital, and it underscores the importance of working with a skilled wrongful death lawyer to navigate the complexities of the process.

Practical Tips for Executors and Administrators

If you find yourself in the role of an executor or administrator in a wrongful death claim, consider the following:

• Stay Organized: Keep meticulous records of all communications, documents, and decisions related to the claim.
• Communicate Clearly: Maintain open lines of communication with beneficiaries to manage expectations and reduce potential conflicts.
• Seek Professional Guidance: Don't hesitate to rely on attorneys, financial advisors, or other professionals who can provide expert advice throughout the process.

Conclusion

The role of an executor or administrator in a wrongful death claim is both challenging and indispensable. By shouldering the legal responsibilities on behalf of the deceased's estate, they help surviving family members secure the justice and compensation they deserve. While the journey may be complex, with the right legal support and a commitment to fulfilling their duties, executors and administrators can make a meaningful impact in the pursuit of accountability and closure.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.