New York's wrongful death law is specific about who may bring a claim and what a family can recover. Here's how it works.
When a family loses someone to another party's negligence, the law provides a way to hold the responsible party accountable and protect the family's future. But New York's wrongful death statute is specific about who may bring the claim and what can be recovered — and it differs from many people's expectations.
The personal representative brings the claim
Under New York law, a wrongful death action is filed by the personal representative of the deceased person's estate — not directly by grieving relatives. The representative brings the claim on behalf of the surviving family members and dependents who suffered a loss. If no representative has been appointed, that is one of the first things that must be arranged, and a lawyer can help the family do so.
A New York wrongful death action generally must be filed within two years of the date of death — and sooner if a public entity requires a 90-day Notice of Claim.
What the family can recover
New York has historically focused wrongful death recovery on 'pecuniary' (economic) losses rather than the survivors' grief. That can include lost financial support, the value of lost services and guidance, and funeral and burial expenses.
The survival claim
Separately, a 'survival' claim can seek compensation for the conscious pain and suffering the deceased person endured between the injury and death, along with medical expenses from that period. Wrongful death and survival claims are often pursued together, and together they aim to capture the full scope of the loss the law allows.
A note on how these cases are handled
These are the heaviest cases a firm takes on. They deserve both compassion and rigor. There is no cost and no pressure in simply asking what your family's rights are and how the deadlines apply to your situation.