Understanding Wrongful Death in New York

Losing a family member because of someone else’s negligence or recklessness leaves you with grief and, often, unanswered questions about what happened and what comes next. New York law lets families hold the responsible party accountable, but it puts strict rules around who can file, when, and what they can recover.
Here is what you need to know about wrongful death claims in New York.

What Is a Wrongful Death Claim in New York?

A wrongful death claim arises when a person dies because of another party’s wrongful act, negligence, or default, under circumstances that would have given the deceased person the right to sue if they survived. Common causes behind these claims include car and truck accidents, medical malpractice, construction site accidents, nursing home neglect, defective products, and criminal acts.
A wrongful death claim is a separate cause of action from any personal injury claim the deceased person could have brought while alive. Under Estates, Powers and Trusts Law (EPTL) Section 5-4.1, the personal representative brings the wrongful death claim for the benefit of the decedent’s distributees. A separate survival claim, under EPTL 11-3.2 and 11-3.3, lets the estate recover for injuries the decedent suffered before death, including conscious pain and suffering.

Who Can File a Wrongful Death Claim in New York?

Under EPTL 5-4.1, only the personal representative of the deceased person’s estate can bring a wrongful death action. That means the executor named in the deceased person’s will, or, if no will exists, an administrator appointed by the Surrogate’s Court.
Family members cannot sue directly in their own names. Instead, any wrongful death recovery goes to the decedent’s distributees in proportion to each person’s pecuniary injury, decided at a court hearing rather than divided as a simple inheritance. Distributees typically include a surviving spouse, children, and, depending on the family structure, parents or siblings.
If an executor declines to bring the claim, a distributee can ask the Surrogate’s Court to appoint an administrator to pursue it on the family’s behalf.

New York’s Statute of Limitations for Wrongful Death

The two-year deadline runs from the date of death, not the date of the underlying accident or injury. A person can survive an injury for months or years before dying from it, so the two dates rarely line up.
Two narrow exceptions apply:

• If a criminal action against the same defendant has been commenced in connection with the death, the personal representative has at least one year after that criminal action ends to file the wrongful death claim, even if the standard two-year window already closed or less than a year remained on it.
• Claims tied to the September 11, 2001 terrorist attacks carry an extended period of two years and six months.

Claims against a city, county, or other government entity in New York also require a Notice of Claim under General Municipal Law Section 50-e. For most injury claims, that notice is due within 90 days of the incident.
For wrongful death claims specifically, the 90 days runs from the date a personal representative is appointed for the estate, not the date of death. Missing either deadline can result in dismissal of the claim, though limited exceptions may apply depending on the circumstances.

What Damages Are Available in a New York Wrongful Death Case?

New York limits most wrongful death damages to pecuniary, meaning financial, losses, though punitive damages remain available in limited circumstances. Under current law, families can pursue compensation for:

• Lost wages and financial support the deceased person would have provided
• Loss of services, including household contributions, childcare, and parental guidance
• Loss of inheritance, when supported by the circumstances and applicable New York law
• Reasonable medical expenses related to the injury or illness that caused the death
• Funeral and burial costs
• Conscious pain and suffering before death, recoverable through a separate survival claim brought by the personal representative on behalf of the estate
• Punitive damages, in cases where they would have been recoverable had the deceased person survived

New York does not permit recovery for grief, loss of companionship, or emotional anguish under the current statute.

A Change That Still Has Not Happened: The Grieving Families Act

New York lawmakers have repeatedly passed versions of the Grieving Families Act, most recently in 2025, when the Senate approved the bill 51-10 on May 28, and the Assembly passed it on June 9. Each version would have allowed families to recover for grief and emotional anguish, extended the filing deadline to three years, and broadened who could bring a claim to include domestic partners, stepchildren, and grandparents.
Governor Hochul vetoed the bill all four times, most recently on December 5, 2025, citing concerns about rising costs, economic uncertainty, and the effect on New York consumers’ access to health care. Lawmakers introduced another version in May 2026, as S10171 and Assembly Bill A11340. As of September 2026, both remained in committee, and neither was law.
Families evaluating a wrongful death claim in New York must look to the law currently in effect, EPTL 5-4.1 and EPTL 5-4.3, rather than proposed legislation not yet enacted.

Frequently Asked Questions

How long do I have to file a wrongful death claim in New York?

Generally two years from the date of death, with limited exceptions for pending criminal cases and claims connected to September 11, 2001.

Can family members sue directly for wrongful death in New York?

No. Only the personal representative of the estate, the executor or a court-appointed administrator, can file the claim. Any compensation recovered goes to the distributees in proportion to their pecuniary loss.

Does New York allow compensation for grief or emotional suffering?

Not under current law. New York limits compensatory wrongful death damages to pecuniary, meaning financial, losses. Punitive damages may also be available in cases where they would have been recoverable had the deceased person survived.

What if my family member died from a car accident, medical error, or nursing home neglect?

Each of those scenarios can support a wrongful death claim if negligence caused the death, though the evidence and the defendants involved differ from case to case. An early case evaluation shows what applies to yours.

Talk to a New York Wrongful Death Lawyer

Every wrongful death case carries its own deadlines, evidence, and family circumstances. If you lost a loved one because of someone else’s negligence, the attorneys at Krentsel Guzman Herbert, LLP can review what happened and explain the options available under New York law. Contact the firm for a free consultation. There is no fee unless they win your case.