Who may recover wrongful death damages under New York law?

• A. The decedent’s creditors only.
• B. The personal representative for the benefit of the decedent’s distributees; proceeds are not assets of the decedent’s estate to be distributed by the will or intestacy laws.
• C. Only the decedent’s immediate family members can recover.
• D. Wrongful death damages are not available in New York.

Answer: (B)

In New York, wrongful death damages are recoverable by the decedent’s distributees through the decedent’s personal representative. The key idea is that the recovery is for the benefit of those who would inherit under the statute, and the proceeds do not become assets of the decedent’s estate to be distributed by a will or by intestacy rules. The personal representative handles the claim on behalf of the distributees, guiding how the funds are ultimately distributed to those who are legally entitled.

This framework differs from the survival action, which is a separate claim that belongs to the estate to recover the decedent’s own damages (like pain and suffering) up to death. The wrongful death recovery is specifically about the losses suffered by the distributees due to the death, not the decedent’s own damages.