10 Sep Wrongful Death Claims in New York: Compensation for Families Who Lost a Loved One
If your family lost a loved one due to someone else’s negligence, Gruenberg Kelly Della is here to help. Free, compassionate case evaluation — 24/7. No fee unless we win. $100M+ recovered for New York families.
Losing someone you love is devastating under any circumstances. When that loss is the result of another person’s or entity’s negligence- a reckless driver, a negligent doctor, a property owner who failed to maintain a safe premises- the grief is compounded by a profound sense of injustice.
New York law allows the family of someone killed by another’s negligence to seek financial compensation through a wrongful death claim. This isn’t about putting a price on a life. It’s about holding the responsible party accountable, ensuring your family is not left bearing the financial burden of someone else’s carelessness, and securing the resources you need to move forward.
Gruenberg Kelly Della handles wrongful death cases throughout Long Island, Nassau County, Suffolk County, and all of New York. We approach these cases with the compassion they require and the tenacity they demand. Our firm has recovered more than $100 million for injured clients and their families, including families who lost someone and came to us when they had nowhere else to turn.
What Is a Wrongful Death Claim in New York?
A wrongful death claim is a civil lawsuit filed on behalf of the surviving family members of someone who died as a result of another party’s negligence, recklessness, or intentional conduct.
In New York, wrongful death claims are governed by the Estates, Powers and Trusts Law (EPTL) Section 5-4.1. The claim must be filed by the personal representative of the deceased’s estate, typically an executor named in the will, or an administrator appointed by the court if there is no will. The personal representative files on behalf of the surviving family members who are legally recognized as distributees.
A wrongful death claim in New York is separate from, but often filed alongside, a survival action. The survival action allows the estate to recover damages for the pain and suffering the deceased experienced between the time of the injury and the time of death. Both claims are commonly pursued together when the circumstances warrant it.
Who Can Bring a Wrongful Death Claim in New York?
The personal representative of the estate files the wrongful death lawsuit. However, the damages recovered flow to the distributees, those entitled to share in the estate under New York law. Distributees typically include:
- Surviving spouse
- Children of the deceased (including adult children)
- Parents of the deceased (if there is no surviving spouse or children)
- Siblings or other relatives in some circumstances
If you are a surviving family member and are unsure whether you qualify as a distributee or whether an estate has been opened, an attorney can help you navigate the process. Gruenberg Kelly Della can assist with both the legal proceedings and the estate administration aspects of your situation.
Common Causes of Wrongful Death Claims in New York
Car and Motor Vehicle Accidents
Vehicle accidents are among the leading causes of wrongful death claims on Long Island. When a driver’s negligence, speeding, drunk driving, distracted driving, or failure to yield causes a fatal collision, the surviving family has the right to pursue compensation from the at-fault driver and their insurance company. Long Island’s major roads, including the Long Island Expressway, the Southern State Parkway, and Sunrise Highway, see a disproportionate share of serious and fatal crashes.
Medical Malpractice
When a healthcare provider’s negligence results in a patient’s death through misdiagnosis, surgical error, medication error, or failure to treat a known condition, the family may bring both a wrongful death claim and a medical malpractice survival action. These are among the most complex and high-value cases in personal injury law.
Construction Accidents
New York’s Labor Law 240 (the Scaffold Law) and Labor Law 241 impose strict liability on property owners and general contractors for certain construction site accidents. When a worker is killed in a fall or by a falling object on a construction site, these laws can substantially increase the family’s ability to recover compensation beyond what workers’ compensation alone provides.
Premises Liability
When a property owner’s failure to maintain safe conditions leads to a fatal accident, a drowning in an inadequately supervised pool, a fatal fall on a poorly maintained staircase, or a death resulting from negligent security, the estate may bring a wrongful death claim against the property owner.
Nursing Home Negligence
Nursing homes and long-term care facilities owe their residents a duty of care that includes proper supervision, appropriate medical treatment, and a safe living environment. When negligent or abusive care leads to a resident’s death, the family may pursue both wrongful death and elder abuse claims.
Defective Products
When a defective product, a dangerous vehicle component, a faulty medical device, or an unsafe consumer product causes a fatal injury, the manufacturer, distributor, or retailer may be liable under product liability law.
What Damages Can Families Recover in a New York Wrongful Death Case?
New York’s wrongful death statute limits the recoverable damages to those with an economic dimension; unlike some states, New York does not allow recovery for grief, loss of companionship, or the emotional suffering of surviving family members in the wrongful death claim itself. However, a survival action filed alongside the wrongful death claim can recover for the pain and suffering the deceased experienced before death.
Damages recoverable in a New York wrongful death claim include:
- Lost financial support. The earnings and financial contributions the deceased would have provided to their dependents over their remaining working life. This is typically the largest component of damages and is calculated using actuarial and vocational analysis.
- Lost parental guidance. The value of the care, guidance, nurturing, and education a deceased parent would have provided to their minor children. New York courts recognize this as a compensable economic loss.
- Medical and hospital expenses. The cost of medical treatment from the time of the injury to the time of death.
- Funeral and burial expenses. Reasonable costs of the funeral and burial of the deceased.
- Lost services. The value of household services, childcare, and other contributions the deceased would have provided to the family.
A note on New York’s wrongful death law.
New York is one of the few states that does not allow surviving family members to recover for grief, loss of companionship, or the emotional loss of a loved one in a wrongful death action. We believe this is an injustice to grieving families, and legislative reform efforts are ongoing. We will tell you honestly what your family can and cannot recover — and we will fight for every dollar the law allows.
The Statute of Limitations for Wrongful Death Claims in New York
New York’s wrongful death statute of limitations is two years from the date of death — not the date of the accident or injury that caused the death.
| Claim Type | Deadline |
|---|---|
| Wrongful death — general | 2 years from the date of death |
| Wrongful death from medical malpractice | 2 years from date of death (not the 2.5-year malpractice rule) |
| Wrongful death — claims against a government entity | Notice of Claim within 90 days of death; lawsuit within 1 year and 90 days |
| Survival action (pain & suffering before death) | Governed by applicable personal injury deadline — often 3 years from the date of injury |
Two years may seem adequate, but wrongful death cases are among the most complex in personal injury law. Expert analysis, medical record review, actuarial calculations, and estate proceedings all take time. We strongly encourage families to consult with an attorney as soon as they can after the loss of a loved one.
How Gruenberg Kelly Della Approaches Wrongful Death Cases
We understand that no amount of money can replace the person you lost. Our role is to handle the legal complexity, completely and aggressively, so that your family can focus on grieving and healing without the additional burden of fighting an insurance company or a corporate defendant.
Here is what we do when we take a wrongful death case:
- Immediate evidence preservation. We move quickly to secure evidence before it disappears — accident reports, surveillance footage, medical records, witness accounts, and anything else relevant to establishing what happened and who is responsible.
- Full investigation. We work with accident reconstruction specialists, medical experts, economists, and vocational analysts to build the most complete picture possible of the circumstances of the death and the full scope of the family’s losses.
- Estate coordination. We assist with or coordinate alongside estate counsel to ensure the personal representative is properly appointed and the legal proceedings are correctly structured.
- Aggressive negotiation. Insurance companies defending wrongful death claims are motivated to pay as little as possible. We present your family’s case with complete documentation and a clear legal theory, and we negotiate from a position of strength.
- Trial readiness. We prepare every wrongful death case for trial from the beginning. Insurance companies know Gruenberg Kelly Della’s trial record in Nassau and Suffolk County courts. That reputation changes how they respond to our demands.
Frequently Asked Questions
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is brought by the estate on behalf of the surviving family members and compensates them for their economic losses, lost financial support, lost parental guidance, and funeral expenses. A survival action is brought on behalf of the deceased’s estate and compensates for what the deceased themselves experienced, pain and suffering, lost wages, and other losses incurred between the injury and the death. Both claims are often filed together.
What if my loved one was partially at fault for the accident that caused their death?
New York follows a pure comparative negligence rule. Even if the deceased bore some responsibility for the accident, the family can still recover; the damages are simply reduced by the deceased’s percentage of fault. If the deceased was 30% at fault and total damages are $1,000,000, the family recovers $700,000. Do not assume partial fault eliminates the claim.
How long will a wrongful death case take?
Wrongful death cases are among the most complex in personal injury law and often take two to three years or more to resolve, whether through settlement or trial. Cases involving medical malpractice or disputed liability may take longer. We provide realistic timelines based on your specific circumstances and keep you informed throughout the process.
We don’t have money to pay for a lawyer. Can we still bring a claim?
Yes. Gruenberg Kelly Della works on a contingency fee basis. There are no upfront costs and no attorney fees unless we recover compensation for your family. We advance all litigation costs, expert witnesses, filing fees, investigation expenses, and recover them only if we win. There is no financial barrier to bringing a wrongful death claim with our firm.
The insurance company has already contacted us with a settlement offer. Should we take it?
Not without consulting an attorney first. Early settlement offers in wrongful death cases are almost universally inadequate. Insurance companies reach out quickly precisely because they want to close the claim before the family retains counsel and understands the full scope of what they can recover. Do not sign anything or accept any offer before speaking with a wrongful death attorney.
For more information about New York personal injury law, the claims process, and what your family may be entitled to recover, visit our Complete Guide to Personal Injury Claims in New York.
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Prior results do not guarantee a similar outcome. All case results depend on the specific facts and legal circumstances of each matter. This article is provided for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Gruenberg Kelly Della.