New York wrongful death lawyer.

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.