How Long Do I Have to Sue for a Wrongful Death Case, and Who Files It?

In New York, the statute of limitations for a wrongful death lawsuit is two years from the date of the victim's death. The claim must be filed by the personal representative (executor or administrator) of the deceased person’s estate.

Who Is Eligible to Recover Damages, and How Are Damages Calculated?

Eligible survivors typically include the spouse, children, parents, and in some cases, siblings or grandparents. Damages are currently limited to pecuniary (financial) losses , such as lost support, medical expenses, and funeral costs, rather than emotional grief.

Will a Defendant Benefit If The Victim Is Too Old or Too Young?

Under current law, defendants often face lower financial exposure if the victim is a child or an elderly individual because New York focuses on 'pecuniary loss' (earning potential). Since these individuals often have lower current or future earnings, the calculated financial 'worth' of the claim is lower.

Are There Any Proposals to Change the New York Wrongful Death Law?

Yes. The Grieving Families Act has been repeatedly proposed and passed by the New York Legislature. If signed into law, it would allow families to recover for emotional loss, grief, and anguish , significantly expanding beyond the current financial-only limits.

Does the Grieving Families Act Change Anything Else?

Yes. Beyond expanding damages to include emotional loss, the Act would expand the 'line of succession'—allowing a broader range of close family members to benefit from a claim—and extend the statute of limitations from two years to three years .

Are the Deceased’s Pre-Death Expenses Covered?

Yes. New York law allows the estate to recover for 'survival damages' incurred before death, including the deceased's conscious pain and suffering, lost wages, and medical expenses related to the fatal injury.

My Relative Died Suddenly, and Was Not Supporting Anyone, Do I Have a Case?

Quite possibly. Even if there was no financial dependency, the estate can seek damages for conscious pain and suffering or 'fear of impending death'—compensation for the trauma experienced when the victim realizes they are about to die.

New York Wrongful Death Lawyer

Are you grieving the loss of a spouse, parent, or child after a recent accident in New York City? Call the experienced and trusted legal team at The Platta Law Firm today for a free consultation with a New York wrongful death lawyer.

You shouldn’t have to struggle with your loss and the resulting consequences alone. Our award-winning New York wrongful death lawyers can help you seek justice and maximize your financial award.

For decades, The Platta Law Firm has stood up for accident victims and families across New York. When you choose our firm to handle your wrongful death case, you gain the strength of more than 150 years of combined legal experience and a proven record of success in high-stakes, high-value lawsuits. We fight for justice—and we deliver results, including more than $150 million in damages for clients like you. Now, our legal team stands ready to make a meaningful difference in your wrongful death lawsuit. Contact our New York City law office at 212-514-5100 today to discuss your case at no cost.

Table of Contents

Why Families Turn to The Platta Law Firm for Help With Wrongful Death Cases in NYC

If you have the legal right to pursue compensation after a loved one’s accidental death, hiring an experienced New York wrongful death lawyer matters. Strict deadlines apply, and insurance companies aggressively work to limit or deny valid claims. When you turn to The Platta Law Firm, our legal team protects your rights, advances your best interests, and aggressively pursues full accountability from the parties responsible for your loss.

Our attorneys bring more than a century and a half of combined litigation experience to every case. We understand the challenges families face and apply deep knowledge of New York wrongful death law, hands-on legal support, and proven trial strategies to pursue maximum compensation. That commitment has earned our attorneys recognition as:

Lawyers of Distinction
Just Great Lawyers
Best Personal Injury Lawyers in New York City by Expertise.com
Avvo Top Rated Personal Injury Lawyers
The Nation’s Top One Percent by the National Association of Distinguished Counsel
A “Top 10” Personal Injury Law Firm by Best of the Best Attorneys
Power Lawyers

Your family deserves time to grieve and adjust after a sudden and tragic loss. While you focus on healing and supporting your loved ones, our top-rated New York wrongful death lawyers commit every available resource to securing financial justice on your behalf. We offer a complimentary case evaluation and proudly serve clients throughout Bronx, Brooklyn, Staten Island, Queens, Manhattan, Long Island, Rockland County, and Westchester County. Contact our New York law office today to speak with a compassionate member of our legal team. We’re available 24 hours a day, 7 days a week.

How Does New York Define Wrongful Death?

Who Can File a Wrongful Death Lawsuit in NY?

Under N.Y. Est. Powers & Trusts Law § 11-3.2, a wrongful death is defined as a person’s death caused by “the wrongful act, neglect or default” of another.

When a person’s death is classified as “wrongful,” a cause of action to pursue compensation for resulting pecuniary losses can be pursued.

Think about it this way: if someone’s negligence causes you to suffer injuries in an accident in New York City, you have the right to sue that person for damages. The right to sue doesn’t disappear if the accident is fatal. Instead, New York’s Wrongful Death Act transfers the right to pursue compensation to another party. Wrongful death lawsuits serve two important purposes. They compensate families for accident-related financial losses and hold at-fault parties accountable for negligent or wrongful conduct.

Who Files a Wrongful Death Lawsuit After a Fatal Accident in New York City?

New York law does not allow just anyone to file a wrongful death lawsuit. Only the personal representative of the deceased person’s estate can pursue damages. In many cases, the deceased named this representative in a will. The representative is often a close family member, trusted friend, or attorney. If the person died without a will, a New York judge appoints the personal representative. Any compensation recovered goes to the estate first. The estate then distributes the funds to surviving family members, including the deceased person’s:

Spouse
Children, and/or
Parents.

Damages awarded from the estate are based on the degree to which the distributee (surviving heir) suffered a pecuniary (financial) loss because of the wrongful death.

Types of Wrongful Death Cases

Families can pursue a wrongful death claim when negligence, criminal conduct, or a defective product causes a fatal accident. At The Platta Law Firm, our New York City wrongful death attorneys represent families in cases involving:

Slip and fall accidents
Roofing accidents
Ladder accidents
Workplace accidents
Medical malpractice
Nursing home abuse and neglect
Dog bites
Matters of premises liability
Negligent security
Assault
Sexual assault
Product liability

Money cannot bring your loved one back or erase your grief. However, compensation can provide justice and ease the financial strain your family faces. Experience matters in wrongful death litigation, especially when large insurance companies, government agencies, or manufacturers fight back. Since 2006, The Platta Law Firm has represented grieving families throughout the tri-state area and secured life-changing results.

Our New York wrongful death lawyers provide the compassionate, trustworthy, and determined legal advocacy you deserve. Contact us today to share your story and learn how we can help. We’re here to take your call now.

What Types of Damages Can Be Awarded in a New York Wrongful Death Case?

Wrongful death cases differ from other personal injury claims in several ways. One key difference involves the types of damages that can be awarded. New York law limits wrongful death compensation to pecuniary, or financial, losses. Courts do not award damages for emotional pain, suffering, or other non-economic harm. When the personal representative files a wrongful death lawsuit, the estate may recover compensation for the loss of:

Financial support from the decedent’s wages, business interests, and other income
Job-related benefits
Inheritance
The value of household services provided by the decedent
Funeral expenses

A successful claim should reduce the financial impact of your loss by accounting for current expenses and future needs. In some cases, families may also recover punitive damages. Courts award these damages when the defendant’s actions involve gross negligence, malice, or fraud.

Should I File a Wrongful Death Lawsuit or a Survival Action in New York City?

CAN I FILE A WRONGFUL DEATH CASE IF MY FAMILY MEMBER SHARES BLAME FOR THEIR ACCIDENT

Wrongful death lawsuits do not represent the only legal option after a fatal accident.

New York law also allows families to pursue compensation through a survival action when the deceased person did not die immediately from their injuries. If your spouse, child, or parent survived the accident for any amount of time — even if for only a few minutes —

you may seek the compensation they could have recovered had they lived. A survival action may allow recovery for:

Medical bills
Lost wages
Pain and suffering
Emotional distress

Any damages awarded in a survival action are paid to the decedent’s estate – the same as with damages awarded in a wrongful death case. So, it can be important to pursue compensation through a wrongful death lawsuit and a survival action, if you’re able to. This dual approach can help you recover additional damages and maximize your family’s financial recovery.

Wrongful Death FAQ

Wrongful death litigation can feel overwhelming, especially while you grieve. Many families have questions about their rights and what comes next. Our New York wrongful death lawyers provide clear answers and guide families through every step of the process.

What if My Loved One Is Blamed for Their Fatal Accident?

It can hurt your ability to recover compensation through a wrongful death lawsuit. New York’s pure comparative negligence rule applies to most wrongful death cases. If the court assigns partial blame to your loved one for the accident that caused their death, it will reduce the damages in your wrongful death case based on that share of fault. For example, imagine your spouse dies in a fatal car accident in New York City. The court determines that your spouse bore 25 percent of the responsibility for the crash. If your wrongful death claim has a value of $4 million, the court would reduce the maximum settlement or jury award by one-quarter to reflect that shared fault.

How Much Does it Cost to Hire a NYC Wrongful Death Attorney?

You do not pay anything out of pocket to hire The Platta Law Firm for your wrongful death lawsuit. Our firm works on a contingency fee basis. We advance all case-related costs and only collect a fee after we recover compensation for your family. Our fee equals a pre-negotiated percentage of your financial recovery. We deduct it from the compensation we secure for you. This structure removes financial risk and avoids added stress during an already devastating time.

What’s the Statute of Limitations on Wrongful Death Lawsuits in New York?

New York law sets a two-year statute of limitations for most wrongful death cases. This deadline starts on the date of your loved one’s death and gives you a limited window to file a claim in court. If you miss this deadline, you may lose your right to pursue compensation from those responsible for your loss.

How Much Is My Wrongful Death Claim Worth?

It depends, as every situation is so different. According to the National Safety Council, the average economic cost of a fatal car accident in 2019 was just north of $1.7 Million. These factors include lost income and productivity, lost benefits, the cost of replacing or repairing property, medical expenses incurred before death, and administrative costs. Essential considerations in valuing a wrongful death case include:

The victim’s age and their life expectancy before death
The victim’s income and retirement benefits, and
The degree to which they supported others financially.

The more of a financial impact you experience because of the fatal accident, the more your wrongful death action is likely to be worth.

How Can a Wrongful Death Attorney in New York Help Me?

It’s hard to navigate a complex, contested legal claim in the wake of the death of someone you love. Fortunately, hiring a personal injury attorney in NYC to handle your wrongful death case not only eases this burden but also increases the odds that you’ll recover a significant financial award. When you hire The Platta Law Firm, you can count on our wrongful death attorneys to handle every aspect of your legal case:

Investigate the circumstances surrounding your family member’s death to understand how it happened and, in turn, who’s at fault.
Gather key evidence that can be used to prove liability, demonstrate your losses, and help you recover full compensation for your loss – such as the police report, medical records, eyewitness statements, forensic reports, photographs, and video footage.
Determine if it’s appropriate to pursue additional compensation through a survival action.
Consult expert witnesses who can strengthen our legal arguments and provide insight into complex and/or subjective components of your claim.
Calculate your damages and determine what your wrongful death case is likely worth.
Represent your family during negotiations with the at-fault party and their insurance company.
Offer legal advice that helps you make important decisions throughout the claims process.
Take your wrongful death lawsuit to trial if the defendant won’t make a genuine attempt to settle.

Our New York wrongful death lawyers bring an unmatched level of passion and experience to the cases we handle. Benefit from our insights, winning reputation, and multi-million-dollar track record of success by calling our New York law office at 212-514-5100 today.

Is a Wrongful Death Case Different from a Criminal Case?

Yes. A wrongful death case is a civil matter that’s separate from any related criminal charges that might also arise after a fatal accident in New York City. In a criminal case, the defendant is accused of breaking the law and faces penalties like probation, fines, and/or jail time. A defendant can be convicted for an act that caused another person’s death if the state can prove its case beyond a reasonable doubt.

In a civil wrongful death case, the defendant is accused of acting unreasonably under the circumstances and causing another person’s death. If the plaintiff – the personal representative of the decedent’s estate – can prove the civil case by a preponderance of the evidence, the defendant can be liable for financial damages.

It’s not unusual for criminal and civil cases to exist simultaneously after a fatal accident in New York City. Since the stakes are higher for the defendant in the criminal matter, the civil case is often tolled – or paused – until the criminal case is resolved. This can pose some challenges for wrongful death cases. So, it’s important to work with a personal injury law firm that has extensive experience representing clients in matters of wrongful death. Knowing how to navigate issues or complications that could arise in these cases can be critical to success.

Are Pain and Suffering Damages Available in New York Wrongful Death Cases?

Only in situations where the family can recover compensation with a survival action. As it currently stands, New York’s wrongful death law only permits the recovery of economic damages. New York’s Grieving Families Act has been proposed to allow for non-economic damages. While it’s passed the legislature several times, it has been consistently vetoed by the Governor’s office, citing concerns of rising insurance costs and runaway litigation.

Call Our Experienced New York City Wrongful Death Attorneys for Help Today

Thousands of injury victims and families across New York City and the tri-state area trust The Platta Law Firm after fatal accidents because our caring, aggressive trial attorneys go the extra mile for every client. Our five-star–rated legal team brings more than 150 years of combined experience and has secured hundreds of millions of dollars in case results.

You have suffered an unimaginable loss, and those responsible must answer for their actions. Our New York wrongful death lawyers stand ready to fight for accountability and help turn justice into a reality for you. Contact our New York City law office today at 212-514-5100 or send us a message online to schedule a free case review. Our team is available to help whenever you need us.