While it is very unfortunate, there are many accidents each year that leave children as orphans. Many of these accidents are caused by the negligence of another, and could end in a New York Wrongful Death Lawsuit. However, when the minor children are orphaned, who has the right to file the lawsuit and gain compensation for the children?

There are many ways that this can be handled, and if this situation should occur all parties should have their own New York Injury Attorneys to help protect their interests. In fact, there are many individuals that may have a right to file the lawsuit on the children’s behalf, and it can be difficult to determine the proper method. In some cases court hearings are required and a judge may need to determine who has a right to file the lawsuit. 

In most cases, the new guardian of the children has the ability to file the wrongful death lawsuit. However, in some cases no guardian is named, and the children enter into the state foster care system. Since the children can hardly hire their own New York City Personal Injury lawyer, some party has to be responsible. Often the manager of the estate is able to engage a Manhattan NY Lawyer to file the lawsuit on behalf of the estate, which is then liquidated and put into a trust for the children when they reach of age.