The proper plaintiff
The personal representative brings the case.
New York does not ordinarily allow each relative to bring a separate wrongful death claim. A duly appointed personal representative acts for the people the law recognizes as distributees.
The representative may be the executor named in a will or an administrator appointed by Surrogate’s Court. If no representative has been appointed, obtaining letters of administration or other appropriate authority may be necessary before the lawsuit can proceed.
The recovery is for the distributees who suffered pecuniary loss, but it is not necessarily divided in equal shares. New York law calls for allocation in proportion to the pecuniary injuries each distributee proves.
The law in effect now
New York still uses a pecuniary-loss standard.
As of September 2026, EPTL § 5-4.3 permits “fair and just” compensation for pecuniary injuries resulting from the death. It does not provide a separate wrongful-death award for grief, anguish, or loss of companionship. Proposed legislation to expand these damages was vetoed in December 2025.
The proof may include financial support, household services, voluntary assistance, possible inheritance, and the economic value of parental care, guidance, and advice.
Read EPTL § 5-4.3Potential categories of recovery
- Lost income, financial support, and voluntary assistance
- Lost household services and the cost of replacing them
- Loss of parental nurture, care, guidance, and education
- Loss of a possible inheritance supported by the evidence
- Reasonable medical, nursing, and funeral expenses
- Pre-death losses recoverable through a related survival claim
Showing the full loss
A life cannot be reduced to tax returns.
Financial records matter, but they tell only part of the story. The investigation should also document the work the decedent did inside the home, the care and guidance provided to children, the assistance given to parents or other distributees, and the future support family members reasonably expected.
Earnings, benefits, support, career path, taxes, and expected work life.
Childcare, transportation, maintenance, caregiving, and daily services.
Parental nurture, education, advice, and the role played in a child’s life.
Conscious pain, fear, medical treatment, and earnings lost before death.
Fatal negligence claims
The underlying wrongdoing still must be proven.
A death does not by itself establish liability. The evidence must show that a person, company, medical provider, property owner, or other responsible party violated a legal duty and caused the death.
- Motor vehicle collisions
- Construction accidents
- Medical malpractice
- Unsafe property conditions
- Defective products
- Workplace and industrial incidents
Immediate investigation
Preserve liability and damages evidence at the same time.
Video, physical evidence, electronic data, maintenance records, incident reports, and witness memories can disappear quickly. A prompt investigation should identify every responsible party, preserve the scene and records, and determine all available insurance coverage.
Damages evidence should be developed with the same urgency. Tax returns, employment and pension records, household expenses, calendars, messages, photographs, school information, medical records, and testimony from people who understood the decedent’s role may all help show the loss accurately.
Surrogate’s Court
The estate process is part of the case—not an afterthought.
The personal representative needs legal authority to pursue the claims. A will may require probate and appointment of an executor; without a will, a qualified person may seek appointment as administrator. Limited letters may be appropriate in some cases.
Court approval is generally required to compromise a wrongful death claim. The allocation between wrongful death and survival proceeds can affect distribution, estate obligations, and the interests of each distributee. These issues should be coordinated with the liability case from the beginning.
Do not wait
The two-year period is not the only deadline.
EPTL § 5-4.1 generally requires a New York wrongful death action to be commenced within two years after death. Separate time limits may govern the underlying claim, the survival action, or claims against particular defendants.
When a municipality or another covered public entity may be responsible, a notice of claim may be required within 90 days after appointment of the estate representative. Other government claims have their own procedures. The correct deadlines must be identified immediately.