Personal Injury Lawyer
It is pursuant to statute and depends upon who is alive. Specifically, what is status?
Ethics / Professional Responsibility Lawyer
There is no short answer to your question. Read my Avvo Guide on Wrongful Death Law and Procedure in NY.
Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.
You need to discuss the facts of the case, and the remaining family who could bring and benefit from such an action. You may also want to consider if there is a conscious pain and suffering case as well. Call our office for a free consultation. I would be happy to discuss the case with you.
Lawsuit / Dispute Attorney
If only parents are alive, then parents.
The law allows the 'personal representative' of a decedent's estate the right to sue for pecuniary loss on behalf of those persons who would recover under the estate.
Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com