Contesting a Wrongful Death Compromise in New York

A wrongful death claim can arise when a person dies as a result of the negligence or intentional actions of another party. In New York, the surviving family members may file a wrongful death claim to seek compensation for the losses they have suffered due to the death of their loved one. If the parties in a wrongful death case reach a settlement, it must be approved by the court. However, in some cases, a wrongful death compromise may be contested. The experienced New York probate litigation lawyers at Stephen Bilkis & Associates can guide you through the process of contesting the compromise and help you understand your legal rights and options as wrongful death cases can be complex and emotionally challenging.

A wrongful death compromise is an agreement between the parties in a wrongful death case to settle the claim outside of court. The settlement amount is typically based on the damages suffered by the surviving family members as a result of the death of their loved one. If the parties reach a compromise, the agreement must be approved by the court to ensure that it is fair and reasonable.

A wrongful death compromise may be contested if one or more parties believe that the settlement amount is inadequate or that the agreement is not fair and reasonable. For example, if the surviving family members believe that the settlement amount is too low, they may contest the compromise in an attempt to receive a higher amount of compensation. On the other hand, if the party responsible for the death believes that the settlement amount is too high, they may contest the compromise in an attempt to lower the amount of compensation they must pay. If you believe that the settlement amount is inadequate, contact an experienced New York probate litigation lawyer.

To contest a wrongful death compromise in New York, the party must file a motion with the court to vacate the settlement agreement. The motion must be supported by evidence that the settlement amount is inadequate or that the agreement is not fair and reasonable. The court will then hold a hearing to consider the motion and any evidence presented by the parties.

The court may consider various factors when determining whether the wrongful death compromise is fair and reasonable. These factors may include the following:

• The age, health, and financial status of the surviving family members.
• The nature and extent of the damages suffered by the surviving family members as a result of the death of their loved one.
• The strength of the evidence supporting the wrongful death claim.
• The likelihood of success if the case were to proceed to trial.

It is critical that you are represented by an experienced probate litigation attorney in New York at this hearing.

• Matter of Maier, 178 Misc. 2d 1061 (N.Y. Surr. Ct. 1998). The case involves a wrongful death compromise petition where the court addresses the representation in the petition that the decedent did not receive public assistance. The court rules that, in certain instances, the petition should also contain a representation that the injured distributees are free from any obligations or liens for public assistance benefits. If unable to make such a representation, the Department of Social Services may be invited to intervene. The court holds that the Department's participation is not precluded, emphasizing the unique nature of a wrongful death cause of action. The court also considers the potential fraud on the Department in cases involving public assistance recipients.
• Matter of Buscemi, 32 A.D.3d 1021 (N.Y. App. Div. 2006). In a legal dispute concerning the allocation of proceeds from a settlement in a wrongful death case, the Suffolk County Department of Social Services (DSS) appealed an order denying its motion to vacate a default and modify a decree. The case involved Lorraine C. Buscemi's severe injuries in a 1998 accident, leading to a wrongful death claim after her passing. The court granted Alvaro Buscemi, Lorraine's husband, the right to settle for $1,050,000, allocating all proceeds to wrongful death. DSS, claiming an improper allocation, sought to vacate its default. The appellate court modified the order, remitting the case for further proceedings based on DSS's meritorious claim and reasonable excuse for default. This case underscores that when the decedent or their distributees have received public assistance, the Department of Social Services can become an interested party in the wrongful death compromise proceeding related to the decedent’s death.
• In re Mcmillan-Hoyte, 71 Misc. 3d 1042 (N.Y. Surr. Ct. 2021). This wrongful death compromise case involved the interest of the Department of Social Services' (DSS) interest in the allocation of settlement proceeds. Despite Supreme Court's allocation of 100% of the settlement to wrongful death, DSS contested this decision, advocating for an allocation to the decedent's personal injury to satisfy a substantial Medicaid lien.

The DSS's interest in the case revolves around its claim as a creditor, seeking a share of the settlement funds. The Surrogate's Court, affirming Supreme Court's jurisdiction, dismissed DSS's objections, highlighting that the allocation to wrongful death shields the funds from being claimed by DSS as a creditor. This decision emphasizes the delicate balance between the rights of the Department of Social Services and the entitlements of the decedent's heirs in the distribution of settlement proceeds

If you believe that a wrongful death compromise is inadequate or unfair, contact an experienced probate litigation attorney serving New York at Stephen Bilkis & Associates. We can help you assess your legal options and guide you through the process of contesting the compromise. We will work hard to ensure that you receive the compensation you deserve for the losses you have suffered due to the death of your loved one. Contact Stephen Bilkis & Associates at 800-696-9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Long Island, Nassau County, Queens, Brooklyn, Staten Island, Suffolk County, Bronx, and Westchester County.