Who Can File a Wrongful Death Claim in New York
New York's wrongful death statute (EPTL §5-4.1) is distinctive: the claim must be brought by the personal representative of the deceased's estate, on behalf of the surviving distributees (such as a spouse, children, or parents) who suffered a financial loss. Unlike many states, New York's wrongful death damages have historically focused on the economic, or "pecuniary," losses to the family — though the estate may separately recover for the decedent's conscious pain and suffering before death through a survival action.
Damages Available to New York Families
A wrongful death recovery may include the loss of financial support the deceased would have provided, the loss of parental guidance and nurturing for surviving children, lost household services, funeral and burial expenses, and medical expenses from the final injury. Through a companion survival action, the estate can also recover for the conscious pain and suffering the deceased endured before death, which can be significant. We work with economists to quantify the full pecuniary loss to your family.
Injured in New York? You may be entitled to compensation for medical bills, lost wages, and pain and suffering. Your case review is free, confidential, and carries no obligation.
Common Causes of Wrongful Death
Fatal motor vehicle and truck collisions, pedestrian and bicycle deaths, medical malpractice, construction and workplace accidents (where Labor Law §240 may apply), nursing home neglect, defective products, and premises hazards. Establishing both liability and the family's loss requires thorough investigation, and we bring the resources these cases demand.
New York's Filing Deadlines
A wrongful death action in New York must generally be commenced within two years of the date of death — shorter than the personal injury statute of limitations. Claims against government entities require a Notice of Claim within 90 days. Because an estate must first be opened and a representative appointed, families should seek legal guidance early so no deadline is missed during an already overwhelming time.
Frequently Asked Questions
The personal representative (executor or administrator) of the deceased's estate brings the claim on behalf of the surviving family members who suffered a financial loss. We help open the estate and identify the proper representative.
New York wrongful death damages focus on the family's financial losses — lost support, lost guidance, household services, and funeral costs — plus, through a survival action, the deceased's conscious pain and suffering before death.
Generally two years from the date of death, with a 90-day Notice of Claim requirement for cases against government entities. Because an estate must be opened first, early legal help is important.
Ready to talk to a New York attorney? Call 973-566-5599 any time, or request your free case review online. A legal specialist will reach out within the hour.