When Someone Else's
Failure Took a Life.
Losing someone because of another person's negligence, recklessness, or wrongdoing raises questions no family should have to face alone — who's responsible, what the law allows, and how much time there is to act. Connect with a New York wrongful death attorney who can help open the estate, preserve evidence, and pursue the claim on your family's behalf.
New York Law
Two Claims.
One Family's Loss.
New York treats a wrongful death case differently than most people expect — the law splits it into two related claims, brought by a court-appointed representative, on a tight deadline. Here's how it generally works.
A wrongful death action must generally be commenced within two years of the date of death — not the date of the underlying accident or injury. Claims against a city or state agency also require a notice of claim, typically within 90 days.
Only the personal representative of the decedent's estate — an executor named in a will, or an administrator appointed by Surrogate's Court — has legal standing to bring a wrongful death claim in New York.
A connected New York attorney can walk through what happened, help coordinate opening the estate if needed, and explain what evidence should be preserved — confidential, and at no cost to you.
"New York law separates what a family lost from what their loved one endured — pursuing both claims often matters as much as pursuing either one."
How Wrongful Death Claims Arise
Negligence Takes
Many Forms.
A wrongful death claim can follow almost any situation where someone else's carelessness, recklessness, or misconduct led to a fatal outcome. These are among the most common circumstances New York families bring forward.
Fatal Car, Truck & Motorcycle Crashes
Collisions on New York roads and highways remain one of the most common causes of wrongful death claims, particularly where speeding, distraction, or a commercial vehicle is involved.
Medical Malpractice & Hospital Negligence
A missed diagnosis, a surgical error, or a medication mistake can turn a routine procedure into a fatal one — these claims often move on a shorter, separate timeline.
Premises & Building Negligence
Unsafe stairwells, faulty elevators, inadequate security, or unaddressed hazards in a building can lead to fatal falls or other incidents.
Workplace & Construction Site Deaths
Fatal falls, equipment failures, and safety violations on New York job sites and construction sites raise both workers' compensation and third-party liability questions.
Defective Products & Vehicle Recalls
A malfunctioning product, a defective vehicle part, or an unrecalled hazard can cause a fatality years after it was first sold.
Criminal Acts & Negligent Security
When a fatal assault or shooting happens on someone else's property, a negligent security claim may exist alongside any criminal prosecution.
Is This You?
A Claim Might
Make Sense If Your Family...
There's no single set of facts that defines a wrongful death case — these are some of the situations New York families bring to an attorney first.
Lost a loved one in a crash, at work, or in a building
Where the death followed an accident, incident, or condition that may have been preventable with reasonable care.
Believe a hospital or provider missed something serious
A delayed diagnosis, a surgical complication, or a medication error that a family believes contributed to the death.
Haven't yet opened an estate with Surrogate's Court
A personal representative has to be appointed before a wrongful death claim can be filed — an attorney can help coordinate that process.
Have already been contacted by an insurance company
Insurers often reach out to a grieving family early, sometimes before anyone has spoken with an attorney about the estate's rights.
Believe their loved one suffered before passing
If there's evidence the person was conscious and in pain after the incident, a separate survival action may also apply.
Have a police report, medical records, or an incident report
Whatever documentation already exists — a report, records, or witness information — can be a starting point for building the claim.
How It Works
From What Happened
to a Resolved Claim.
A New York wrongful death claim takes time to build correctly — but the process itself follows a clear sequence.
Free, Confidential Case Review
A connected New York attorney listens to what happened, discusses the estate status, and explains what New York law allows in your family's situation.
Opening the Estate & Preserving Evidence
If no personal representative has been appointed yet, your attorney can help coordinate that with Surrogate's Court while records, reports, and other evidence are gathered.
Demand & Negotiation
A demand is prepared on behalf of the estate and distributees, and your attorney negotiates with the responsible party's insurer toward a fair resolution.
Filing Suit, If Necessary
If a fair resolution isn't reached, your attorney can file within New York's two-year deadline to keep the claim moving forward.
From Families We've Worked With
What They Say
"Our family didn't know where to start after we lost my father. Having someone explain the estate process and the legal side, step by step, made an impossible time a little more manageable."
"I appreciated that everything was explained clearly, without pressure, while we were still grieving."
"The process of opening the estate felt overwhelming until we had guidance. It helped us understand what came next."
Common Questions
What You Need to Know
Under EPTL §5-4.1, a wrongful death action must generally be commenced within two years of the date of death, not the date of the underlying accident or injury. If a criminal case is pending against the responsible party, the personal representative generally has at least one year from the end of that case to file, even if the standard two-year period has already passed. Claims against a city or state agency also require a notice of claim, typically within 90 days. Start the conversation now so your claim has time to be built properly.
Only the personal representative of the decedent's estate can bring a wrongful death claim — the executor named in a will, or an administrator appointed by Surrogate's Court if there's no will. Family members can't file the claim directly in their own names, even though the recovery is intended for their benefit. A connected attorney can help coordinate that appointment.
Under EPTL §5-4.3, wrongful death damages in New York are limited to the distributees' pecuniary — financial — losses, such as lost financial support, lost services, and funeral expenses. Grief and loss of companionship generally aren't recoverable under this claim, though a separate survival action may address what the decedent personally experienced. A connected attorney can walk through what applies to your case.
Yes. A survival action under EPTL §11-3.2 is a separate claim belonging to the decedent's estate, seeking compensation for what the decedent personally endured between injury and death — including conscious pain and suffering — if there's evidence they were aware, even briefly. Many New York cases involve both claims filed together. A connected attorney can review whether it applies here.
Most wrongful death attorneys handle these cases on contingency, meaning there's no upfront cost and the attorney is paid a percentage of any settlement or verdict. If there's no recovery, there's typically no attorney's fee. A connected attorney can explain fee arrangements during your free case review.
Yes. Many families reach out before an estate has been opened. An attorney can explain the Surrogate's Court process, and in time-sensitive situations, can seek a temporary administrator so the wrongful death deadline doesn't pass while the estate is being formally opened. Talk through your situation with a connected attorney whenever you're ready.
Your Family Deserves
Answers.
A confidential, no-pressure conversation about what happened and what New York law allows.