Wrongful Death
No verdict can restore a life. What the law can do is provide accountability — and security for the family left behind.
Wrongful death actions in New York are technical, deadline-driven, and emotionally demanding. They require both rigor and humanity: rigor in reconstructing liability and proving economic loss, and humanity in guiding a family through the hardest chapter of their lives.
The firm has recovered substantial sums for families who lost loved ones to negligence — including a $12.4 million recovery in a Queens County gas explosion case. We handle every aspect, from the estate proceedings through trial or settlement.
What We Handle
- Fatal accidents and premises disasters
- Medical malpractice resulting in death
- Construction and workplace fatalities
- Estate and Surrogate’s Court coordination
- Pecuniary loss and conscious pain and suffering claims
Who brings the claim
In New York, a wrongful death action is brought by the personal representative of the person who died — the executor named in a will, or an administrator appointed by the Surrogate’s Court when there is no will (EPTL 5-4.1). If no estate has been opened, that must happen first, and we handle that process for the family.
Any recovery for the wrongful death claim is distributed to the family members entitled to it by law, and settlements require court approval. We coordinate the litigation with the Surrogate’s Court proceedings so the family is not managing two courts at once.
Two kinds of claims
The wrongful death claim compensates the family for its losses caused by the death, such as lost financial support, lost services, the loss of a parent’s care and guidance to children, and medical and funeral expenses.
A separate survival claim belongs to the estate and compensates for what the person who died suffered before death, including conscious pain and suffering (EPTL 11-3.2). Proving it often depends on a careful reading of medical and emergency records.
Deadlines
A wrongful death action generally must be started within two years of the death (EPTL 5-4.1), a year shorter than most injury claims. Where a city, county, or other public entity is responsible, a notice of claim is generally required within 90 days of the appointment of the estate’s representative (General Municipal Law § 50-e). Because an estate must be established before the case can be filed, families should not wait to get advice.
Common Questions
We don’t have an estate. Can we still bring a case?
Yes. An administrator can be appointed by the Surrogate’s Court. We guide the family through that step as part of the case.
Who receives the money from a wrongful death case?
The family members entitled to it under New York law, as approved by the court. We explain how that works in your family’s circumstances.
What if my loved one died after medical treatment?
Deaths following medical care may involve malpractice. Those cases require review of the records by physicians; we arrange that review and give the family a candid assessment.
This page is general information about New York law, not legal advice about your situation. Deadlines and rules can change and depend on the facts; call the office to discuss your matter.
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