Which party may recover wrongful death damages in New York, and who benefits from those damages?

• A. The decedent’s creditors; benefits go to the creditors
• B. The personal representative on behalf of the decedent’s distributees; proceeds go to distributees, not the estate
• C. The decedent’s employer; benefits go to the employer
• D. Only the decedent’s immediate family members; benefits go to the family members directly

Answer: (B)

Wrongful death damages in New York are recoverable by the decedent’s personal representative, but for the benefit of the decedent’s distributees—the people who would have inherited the decedent’s estate under a will or under the statutes of intestate succession. The personal representative brings the action on behalf of those beneficiaries, and the proceeds are paid to the distributees, not to the decedent’s estate or to creditors or the employer. This distinguishes wrongful death recovery from a survival action, which seeks damages for the decedent’s own losses and benefits the estate. In short, the right to sue lies with the personal representative, and the money goes to the decedent’s distributees rather than to the estate or other non-beneficiary parties.