Filing, pursuing, and resolving a wrongful death (and/or survival) action can sometimes cause tension and disagreement among the family members who stand to benefit from it. This can put unwelcome pressure on the personal representative of the estate who files the claim(s) on behalf of those beneficiaries and the deceased person’s estate.
In New York, a personal representative who believes it prudent to accept a settlement offer in a wrongful death action applies to a court for approval of the settlement (or compromise). The court must evaluate the settlement and decide whether to approve or disapprove it.