When an individual dies as a result of an accident or medical malpractice, certain survivors may bring a wrongful death suit against the responsible party. Wrongful death suits are different from other kinds of personal injury claims because the actual victim is deceased. Under New York Law only certain close relatives who are deprived of pecuniary or financial losses as a result of the death of the victim are entitled to sue the wrongdoer for the loss of the financial support of the decedent. Unlike some states, New York does not allow for damages suffered by the survivors in the nature of grief and bereavement. Only the actual monetary losses including funeral expenses, lost earnings and support can be recovered. In certain circumstances the economic value of services provided by the decedent, including parental guidance and counseling and other contributions that a person makes to his/her loved ones, may be claimed. In order to pursue a wrongful death claim a representative of the decedent's estate must be appointed by the Surrogate's Court. In addition to the loss of pecuniary damages, if the decedent suffered conscious pain and suffering before death a claim on behalf of the estate may be brought to recover for the conscious pain and suffering. That part of the claim is not technically part of the wrongful death claim but rather is the decedent's claim for pain and suffering which becomes an asset of the estate and is distributed in accordance with the Last Will and Testament, or if there is none in accordance with the intestate distribution law. The proceeds of the wrongful death claim, being based on the loss of financial support by the decedent, is distributed according to the actual loss suffered by each entitled relative.