A wrongful death claim is a type of civil claim that allows family members and dependents to sue individuals or organizations who knowingly or negligently caused a death. New York’s wrongful death law was written in 1847. It was the first law of its kind in the nation, though it hasn’t been meaningfully reformed since then.
It can be difficult to navigate the law, but you don’t have to go through the loss of your loved one alone. An experienced and compassionate lawyer with Meirowitz & Wasserberg can help families make a claim for the damages they are entitled to under New York law.
What Is a Wrongful Death Claim in New York?
A wrongful death claim under New York’s Estates, Powers & Trusts (EPTL) law allows an appointed representative to recover damages for a wrongful act, neglect or default that caused a person’s death.
There are four elements of negligence that make up a wrongful death claim in New York.
- Legal duty of care: The defendant’s obligation to act in a way to prevent harm.
- Breach of the duty of care: The defendant’s failure to act safely and carefully (carelessness or recklessness).
- Causation: The breach of duty contributed to or caused the death.
- Damages: The death caused monetary harm.
For example, New York City motorists owe a duty of care to other drivers. Texting while driving breaches this duty by exposing other drivers to undue risks. If texting while driving causes or contributes to another person’s death, the driver may be liable.
A wrongful death claim is a civil claim. This means it is separate from criminal charges brought against a defendant, and you may sue a negligent party for both if applicable to your case.
Who Can File a Wrongful Death Lawsuit in New York?
Under New York law, an executor or court-appointed personal representative can file a wrongful death lawsuit on behalf of the deceased’s family. If a representative is absent or refuses to file, the family can request that the court appoint one. An attorney can help with this process.
People who can recover damages include a spouse, children or parents under EPTL section 5-4.1. In most cases, the money recovered is paid to the spouse, especially if there are no children. When there is both a surviving spouse and children, the spouse gets a portion of the money, and the children get whatever is left, divided equally among them.
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Who Can File a Wrongful Death Claim in New York City?
A wrongful death claim can be filed by an executive or an administrator, or in other words, a legally appointed representative of the estate of the person who has passed away in the accident. The legally appointed person then will bring an action on behalf of the family.
New York Wrongful Death Laws and Deadlines
New York statute of limitations says most wrongful death cases must be filed within two years from the date of death. However, this varies based on case type.
Time limits to file a wrongful death lawsuit in New York:
- Standard: Two years from the date of death.
- Medical malpractice: Two years and six months from the malpractice or the end of continuous treatment.
- Criminal charges: One year, starting from the end of the criminal case.
- Death caused by the September 11 attacks: Two years and six months from the date of death.
- Toxic exposure: Within three years of discovery.
- Minor sole beneficiary: If the sole beneficiary is a minor, the deadline is paused until they turn 18. If the minor already has a representative, the time limit remains two years.
Time limits can vary widely. A lawyer at Meirowitz & Wasserberg can advise you of your specific timeline and help you build a strong case.
Filing Against a Government Entity in New York City
If you are filing a wrongful death lawsuit against an NYC government entity, you have to file a notice of claim within 90 days of when a representative is appointed under section 50-e of the Consolidated Laws of New York. After the 90-day notice, you have two years to bring the actual lawsuit.
For example, cases against NYC entities, such as the city, NYPD or MTA, may include a death from a subway accident or a car accident caused by negligent road conditions.
If you miss the 90-day notice deadline, you could be prevented from filing your claim entirely. It’s important to consult an attorney right away.
Common Causes of Wrongful Death in New York City
Common causes of wrongful death in NYC include motor vehicle accidents, pedestrian accidents, medical malpractice, slip and falls, construction accidents and NYPD misconduct.
Our firm can help you and your family in most situations, and we don’t charge anything up front. We only get paid if we recover for you, and we give each case the attention, respect and compassion it deserves.
Motor Vehicle and Pedestrian Accidents
Motor vehicle accidents and pedestrian accidents are common in New York City. The NYPD recorded more than 83,656 vehicle crashes in 2025. Out of those accidents, there were 48,378 injuries and 201 fatalities. More than 50% of those fatalities were pedestrians.
NYC truck accidents also contributed to injuries and deaths. According to the NYPD, there were roughly 6,000 large commercial truck crashes and over 900 smaller commercial truck crashes in 2025.
NYC’s Vision Zero program reduced serious injuries and deaths in vehicle accidents through education and enforcement of traffic laws. As a result, the number of traffic deaths in 2025 was the lowest on record.
Medical Malpractice
A wrongful death claim may arise from medical malpractice by a health care professional in New York. Malpractice occurs when a professional care provider — such as a doctor, nurse, technician, hospital worker or dentist — fails to follow accepted standards of care and causes harm to a patient. Types of malpractice include surgical errors, misdiagnoses and birth injuries.
New York medical malpractice lawyers have helped secure some of the highest payouts in the country. In 2025 alone, there were 1,269 reports of medical malpractice payments in New York, totaling more than $729 million.
To support a claim, you must prove duty of care, breach of duty, negligence-caused injuries and the damages you suffered. Individual practitioners, private hospitals, city-run hospitals or other health care entities may be held liable.
Slip and Fall Deaths
In 2023, there were about 1,800 slip and fall deaths in New York. Falls are especially dangerous for older adults, according to the New York State Department of Health. They can occur anywhere, even on the job. In 2024, falls, slips and trips accounted for 23% of workplace fatalities in the state.
Common hazardous conditions that lead to fatal falls include wet or slippery floors, broken stairs or handrails, uneven sidewalks, inadequate lighting, icy walkways and construction site hazards.
Under New York premises liability law, property owners and managers have a legal duty to maintain safe conditions. When they fail to address known (or reasonably knowable) hazards, and someone dies as a result, they may be held liable for wrongful death.
Under New York’s pure comparative negligence laws, an injured person can claim damages even if they were partly at fault. The compensation is reduced by the percentage of their fault.
Workplace and Construction Accidents
Fatal construction falls and workplace accident rates have historically been high in NYC. For example, the city had a higher average rate of construction worker fatalities (11.6 per 100,000) than the national average (9.6 per 100,000) in 2023. Some of the most common accidents include ladder falls, scaffolding collapses, unprotected floor openings and other construction site hazards.
New York’s Scaffold Law and similar legislation protect construction workers. Under these laws, the owner, manager or general contractor is fully liable for a claimant’s damages, including wrongful death claims. This applies even if the claimant contributed to their accident.
The NYC construction accident lawyers at Meirowitz & Wasserberg are experienced in city-specific construction laws and can help you file a claim.
Wrongful Death by Police or Government Action
In some cases, negligence or civil rights violations committed by the NYPD may lead to a wrongful death claim if the police failed to exercise reasonable care while on duty. We recognize that these cases can be particularly painful or difficult for the family.
However, state civil rights claims under 42 U.S.C. section 1983 give people the right to sue the police department and the city for deaths that occur because of excessive force, false arrests, malicious prosecution and unlawful search.
These cases can be complex and have several requirements. If you believe your loved one died because of NYPD negligence, make sure to speak to one of our lawyers. We can help you understand your legal options.
Free Case ReviewDamages in a New York Wrongful Death Case
New York law allows family members to seek compensation for financial and emotional damages suffered by their loved one before they passed.
EPTL section 5-4.3 allows families to claim the following damages after a wrongful death:
- Monetary losses, such as lost income.
- Expenses related to the death, including medical and funeral costs.
- Damages that could have been recovered by the deceased had they survived, including punitive damages and pain and suffering.
However, New York’s wrongful death laws are more restrictive than those of other states. They don’t allow the family to claim non-economic damages such as grief, mental anguish, bereavement or loss of consortium.
The damages you can recover depend on the facts of your case, so make sure you speak to an attorney to learn more.
Wrongful Death vs. Survival Action in New York
A wrongful death claim and a survival action claim are two distinct actions that recover different damages, but lawyers often file them together.
A wrongful death claim under New York law only allows the family to claim economic losses without compensation for the pain and suffering they experienced from the loss of their loved one. Instead, the survival claim seeks damages for any pain, suffering or fear the deceased loved one may have experienced between the time of injury and death. This amount goes to the estate.
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What Damages are Available in a New York Wrongful Death Lawsuit?
Damages available in New York State for a wrongful death claim include monetary income, such as lost income, expenses related to the death such as funeral expenses, damages that could have been received by the deceased had they survived, which would include punitive damages and pain and suffering.
How a New York Wrongful Death Lawsuit Works
A wrongful death lawsuit is made up of several steps. Your lawyer will help handle them for you, from investigation to resolution.
How the process works:
- Investigation and evidence gathering: The lawyer looks into what happened by reviewing police reports, medical records and witness statements. They may use experts to explain how the accident occurred and what it cost the family.
- Filing the complaint: The personal representative files a written complaint in the New York Supreme Court. It explains how the death happened, why the defendant is legally responsible and what damages the family is seeking.
- Discovery, experts and negotiation: Both sides exchange documents, ask written questions, take depositions and find expert witnesses. They may discuss a possible settlement or use mediation to try to resolve the case.
- Settlement vs. trial: Most wrongful death lawsuits end in a settlement instead of going to trial, but if the parties cannot agree, a judge or jury will decide fault and damages in court.
- Distribution of any recovery: Any money recovered is paid to the estate. It is divided among eligible family members in accordance with New York law and a court‑approved plan that reflects each person’s loss.
In practice, families should expect the process to take time. A wrongful death lawsuit can provide financial security and a formal finding of responsibility that many families see as an important part of closure.
Frequently Asked Questions About New York Wrongful Death Lawsuits
Here are answers to common questions about wrongful death lawsuits in New York.
Who can sue for wrongful death in New York?
Under New York law, only the personal representative (executor or administrator) of the deceased’s estate can file a wrongful death claim. If no one wants to serve as a representative, the court can appoint one for the family.
What is the success rate of wrongful death lawsuits?
There is no average success rate for wrongful death lawsuits. Each case’s success varies based on its unique facts. Generally, the more evidence supporting clear negligence, the higher the success rate. An experienced attorney can assess the strength of your specific claim.
What not to tell your attorney in a wrongful death case?
There is nothing you should withhold from your wrongful death attorney. Attorney-client privilege protects anything you tell them. The more details you can share with your attorney, the better they can prepare and strengthen your case.
What is the burden of proof for wrongful death?
The representative must prove the defendant failed to prevent harm (legal duty of care), the defendant breached the duty of care (carelessness or recklessness), that these actions contributed to or caused the death (causation) and that the death caused monetary harm (damages).
About The Author
Samuel Meirowitz
Founding Partner
Samuel Meirowitz, a founding partner of Meirowitz & Wasserberg, has been recognized by New York Metro Super Lawyers annually since 2016. A Cardozo School of Law graduate and former prosecutor in the Bronx District Attorney's Office, he won the first multimillion-dollar asbestos verdict in a New York federal court in over 20 years.
