When Negligence Kills Someone You Love, the Law Gives You a Path to Justice.
New York Wrongful Death Law: What Families Need to Know
A wrongful death claim under New York Estates, Powers & Trusts Law §5-4.1 is brought by the personal representative of the deceased’s estate on behalf of the distributees, typically a spouse, children, or parents. The claim covers pecuniary losses: what the deceased would have earned and contributed to the family over their expected lifetime, funeral expenses, and medical expenses incurred before death. New York does not allow recovery for the deceased’s pre-death pain and suffering in the wrongful death action itself, but a separate survival action under EPTL §5-4.3 can recover that. The statute of limitations for wrongful death is two years from the date of death under EPTL §5-4.1. If a municipality or government entity is liable, a Notice of Claim must still be filed within 90 days of the death under General Municipal Law §50-e.
What you need to know
Plain-English answers to the questions that come up most often on these cases.
Who Can Bring a Wrongful Death Claim
Under EPTL §5-4.1, the claim is brought by the personal representative (executor or administrator) of the estate. The recovery goes to distributees: surviving spouse, children, and in some cases parents or siblings. If no estate is open, one must be established first.
Read moreWhat Damages Are Recoverable
Wrongful death damages in New York focus on pecuniary loss: the economic support and services the deceased would have provided to the family over their lifetime. This includes lost earnings, benefits, household services, and guidance. Funeral and burial expenses are also recoverable.
Read moreSurvival Action for Pre-Death Suffering
A wrongful death claim does not cover the deceased’s own pain and suffering before death. A separate survival action under EPTL §5-4.3 covers that. We file both claims simultaneously to capture every category of loss available under New York law.
Read moreTwo-Year Statute of Limitations
Wrongful death claims in New York must be filed within two years of the date of death under EPTL §5-4.1. This is shorter than the standard three-year Personal Injury limitation. Do not wait. If a government entity is involved, the 90-day Notice of Claim deadline under General Municipal Law §50-e applies.
Read moreProving Negligence
The estate must prove the same elements as any negligence case: duty, breach, causation, and damages. In construction deaths, Labor Law §240 absolute liability may apply. In car crashes, the no-fault and serious injury rules do not limit the wrongful death claim.
Read moreEconomic Loss Calculation
Calculating the pecuniary value of a life requires vocational economists, life expectancy tables, and expert testimony on the deceased’s earnings trajectory. We retain the right experts to present the full economic picture to a jury or during settlement negotiations.
Read moreHow we handle these cases
Step 1
Help the family open an estate and appoint a personal representative quickly so the claim can be filed.
Step 2
File a Notice of Claim within 90 days if a government entity is potentially liable.
Step 3
File both the wrongful death action and the survival action simultaneously to capture all available damages.
Step 4
Retain vocational economists and medical experts to document the full pecuniary and suffering losses.
Step 5
Guide the family through the process with honest communication at every step, because this is the hardest case any family will ever face.
Real cases. Real results.
Three recent Personal Injury outcomes — case context and result. No client identifying information.
Both wrongful death and survival actions filed to capture every category of New York damages.
Estate opened and personal representative appointed within the critical early weeks.
Full pecuniary loss documented by expert economists and presented for maximum recovery.
Prior results do not guarantee a similar outcome. Each case is evaluated on its own facts. The case outcomes shown are representative examples; details have been altered or generalized to protect client confidentiality.
Related questions
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Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C.
Call 866-205-2415 Schedule with Brian- Admitted in New York
- 30+ years in practice
- Attends Board hearings personally
Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.
- Admitted in New York and New Jersey
- Pace University School of Law, J.D.
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Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.
- Admitted in New York, 2008
- New York Law School, J.D. 2007
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Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.
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Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.
- Admitted in New York, 2023
- Albany Law School, J.D. 2022
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Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.
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