Wrongful Death Claims in New York: A Guide for Grieving Families

Losing a loved one due to someone’s negligent and careless actions is devastating. Beyond the emotional toll, families often face unexpected financial burdens, including funeral costs, lost income, and medical expenses. A wrongful death claim allows grieving families to seek justice and financial compensation for their loss.

New York’s wrongful death laws can be complex, and recent legislative efforts, such as the Grieving Families Act (GFA), may impact eligibility and compensation. Below, we break down everything you need to know about who can file a wrongful death claim, what damages may be available, and how our New York wrongful death lawyers can help your family navigate this difficult time.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed when an individual’s death is caused by another party’s negligence, recklessness, or intentional misconduct. Unlike criminal cases, which focus on punishing the responsible party, wrongful death claims seek financial compensation for surviving family members.

Under New York Estates, Powers & Trusts Law (EPTL) § 5-4.1, a wrongful death lawsuit may be pursued if:

• The victim would have had grounds for a personal injury lawsuit had they survived.
• The death was caused by another party’s wrongful conduct (e.g., negligence, malpractice, or an intentional act).
• The victim’s estate suffered measurable economic losses due to the death.

‍

Examples of Wrongful Death Cases

Wrongful death claims can arise from a wide range of fatal accidents and negligent acts, including:

• Car accidents: Fatal crashes caused by reckless, impaired, or distracted driving.
• Medical malpractice: Deaths resulting from surgical errors, misdiagnosis, or inadequate medical care.
• Workplace accidents: Fatal injuries due to unsafe working conditions or lack of proper safety measures.
• Defective products: Deaths caused by dangerous or defective consumer goods, drugs, or machinery.
• Premises liability incidents: Fatal falls, drownings, or other accidents on unsafe properties.
• Acts of violence: Homicides or assaults leading to wrongful death lawsuits against responsible parties.

Who Can File a Wrongful Death Claim in New York?

Eligible Claimants Under Current Law

Unlike some states that allow family members to file wrongful death claims directly, New York law requires that the claim be filed by the deceased person's personal representative (executor of the estate). This individual typically distributes the recovered damages to the deceased’s heirs.

The Role of the Personal Representative

The personal representative is usually named in the decedent’s will or appointed by the court if no will exists. ‍

They are responsible for:

• Filing the wrongful death lawsuit
• Managing the deceased’s estate
• Ensuring any awarded compensation is distributed properly among eligible family members

How the Grieving Families Act Could Expand Damages Recovered by Families

New York’s current wrongful death act was enacted in the 1800s and only allows for the recovery of economic damages. If enacted, the Grieving Families Act (GFA) would expand the list of eligible claimants to include not only spouses and children but also domestic partners, parents, and other close family members. It also allows these people to recover non-economic damages. This significant reform aims to modernize New York’s restrictive wrongful death laws and allow more grieving families to seek justice.

Understanding the Grieving Families Act (GFA)

The Grieving Families Act, which has been proposed multiple times in New York, seeks to:

• Expand eligibility to allow more family members to file wrongful death claims.
• Increase available damages to account for emotional losses, not just financial harm.
• Adjust the statute of limitations to give grieving families more time to file claims.

How the GFA Expands Damages and Claimants

Under current law, wrongful death compensation is limited to economic damages. The GFA proposes to include compensation for emotional suffering and loss of companionship, significantly increasing the financial recovery for grieving families.

Statute of Limitations Under the GFA

Currently, the statute of limitations for wrongful death claims in New York is two years from the date of death. The GFA aims to extend this timeframe, giving families more time to pursue legal action.

Types of Compensation Available in Wrongful Death Claims

Economic Damages (Funeral Costs, Lost Wages, etc.)

Wrongful death settlements may cover the following:

• Funeral and burial expenses
• Medical costs incurred before death
• Loss of financial support (lost wages, benefits, and future earnings)
• Loss of inheritance for dependents

Non-Economic Damages (Emotional Suffering, Loss of Companionship)

New York law currently excludes non-economic damages, but if the GFA passes, families may be able to recover compensation for:

• Emotional suffering
• Loss of companionship and guidance
• Pain and distress experienced by the deceased before death

Punitive Damages in Cases of Gross Negligence

In cases involving extreme recklessness or intentional harm, courts may award punitive damages to punish the responsible party and deter similar misconduct.

Why You Need a Wrongful Death Attorney

Because wrongful death claims have strict statutes of limitations, taking prompt legal action is essential. Also, most wrongful death cases are complicated and require particular knowledge and skills not every lawyer possesses.

‍Our experienced personal injury lawyers will:

• Investigate the case thoroughly
• Negotiate aggressively with insurers
• Fight for maximum compensation, including punitive damages if applicable.

No matter the circumstances of your case, it’s essential to consult with the attorney as soon as possible and determine the best course of action to take.

Seeking Justice for Your Loved One. It’s What We Do Best.

If you have lost a loved one due to someone’s negligence, Fellows Hymowitz Rice is here to help. Our firm has won thousands of cases over the decades. We know how to win complex wrongful death claims, and we are committed to securing the justice and compensation your family deserves.

Call us today for a free, compassionate consultation. We fight for families and don’t get paid unless you win.