Wrongful Death · Fatal Accident Cases
New York wrongful death lawyer.
Two years. That is the deadline that matters most.
No call is harder to make than this one. When a death was caused by a construction fall, a crash, or negligence, New York law gives the family two distinct claims, and both run on short clocks. This page explains them plainly, so that in a terrible season you at least know where you stand.
Injury cases are handled on contingency under a written retainer, sometimes together with co-counsel. The retainer names who works on your case and sets out the fee, any division of it, and the court costs and case expenses you may remain responsible for.
Reviewed by Daniel Hochman, Esq. · Last updated November 1, 2026
In New York the family's wrongful death claim under EPTL 5-4.1 covers pecuniary loss: lost income and support, services, guidance, and medical and funeral costs. The estate separately holds a survival claim for the person's conscious pain and suffering, and both are brought by a representative appointed through Surrogate's Court. The wrongful death claim generally must be filed within two years of the death; the survival claim and any notice to a public body run on their own, sometimes shorter, clocks.
The two claims.
EPTL 5-4.1 · ESTATE SURVIVAL CLAIMS
New York recognizes a wrongful death claim, which belongs to the family and compensates pecuniary loss: the income and support your family member provided, the value of their services, the guidance they gave their children, and medical and funeral expenses. Separately, the estate holds the survival claim for what the person themselves endured before death, including conscious pain and suffering. The claims are proven differently, valued differently, and subject to different deadlines. A complete case asserts both.
Who brings the case.
The claims are brought by the personal representative of the estate, appointed through Surrogate's Court. Families rarely have this in place when the loss happens, and it must be handled before the lawsuit can proceed. Obtaining the appointment, or coordinating with counsel who is handling the estate, is part of the representation. Any recovery is distributed to the statutory beneficiaries under New York law, with the allocation approved by the court.
Fatal construction and vehicle cases.
Where the death occurred on a construction site, the Labor Law applies with full force: falls from height and falling object cases carry the same owner and general contractor liability in death as in injury. Where a public entity is involved, notice deadlines are severe, and in death cases the notice window is generally measured from the appointment of the estate representative, which makes prompt Surrogate's Court action doubly important. Fatal crash cases proceed against every available layer of coverage, including commercial and umbrella policies.
Deadlines.
The wrongful death claim must generally be brought within two years of the date of death. The estate's survival claim and any public entity notice requirements run on their own, sometimes shorter, schedules. These periods are unforgiving, and courts almost never excuse them. If you are within two years of the loss, there is likely still time. Call, and we will tell you honestly.
Questions people ask us.
Who receives the money from a wrongful death case?
The statutory beneficiaries under New York law, generally the decedent's closest surviving family, in an allocation approved by the court. It is not simply paid to whoever files.
What if we cannot afford a lawyer right now?
You do not need to. These cases are handled on contingency under a written retainer, which sets out the fee and how case expenses are treated. The consultation is free and confidential.
What if my relative died working for the company at fault?
Workers' compensation death benefits and a lawsuit can coexist. Comp is the remedy against the employer itself, but claims against the property owner, general contractor, and other responsible parties proceed separately, and in construction cases they are often the far larger recovery.
Statutes cited on this page
EPTL § 5-4.1 (Estates, Powers and Trusts Law)
Each link opens the official text at the New York State Senate's Open Legislation site (federal sections: Cornell Law School's U.S. Code).
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