Wrongful Death
Losing a loved one is one of the most painful experiences a family can face. When that loss results from someone else’s negligence, malpractice or wrongdoing, the emotional toll can be overwhelming and the financial consequences devastating. While money can never replace the loss of a loved one, it can provide some measure of justice for a grieving family and help maintain financial security.
In New York State, families who bring a wrongful death claim are limited to damages for “pecuniary” (financial) losses suffered by the distributees of the deceased’s estate. These recoverable damages typically include lost earnings and benefits the deceased would likely have provided, the value of household and parental services the deceased would have given (such as nurture, guidance, and education), and the reasonable medical and funeral expenses incurred. Unfortunately, under the current law, New York law does not allow recovery for grief, sorrow, or the loss of companionship of a surviving family member.
At Kramer, Dunleavy & Ratchik, PLLC, we understand the depth of your loss. We have successfully represented families in wrongful death actions across New York State, and are committed to helping you demonstrate the full extent of your losses. If you believe a loved one’s death was caused by another party’s negligence or wrongdoing, contact us for a free consultation. We will stand with you through every step of this process and fight to make sure your family is fairly compensated for its loss.
FAQ's
1. What qualifies as a wrongful death case in New York?
When someone dies because of another person’s negligence or wrongdoing (for example, a car crash, construction site accident or medical malpractice), the decedent’s family or legal representatives may bring a wrongful death lawsuit.
2. Who can bring a wrongful death lawsuit in NY?
An executor or administrator of the deceased’s estate usually brings the claim on behalf of the surviving spouse, children, and/or other distributees. The law (Estate, Powers & Trusts Law §5‑4.1) sets out who qualifies as a distributee.
3. How long do I have to file a wrongful death claim in New York?
A wrongful death lawsuit must be filed within two (2) years of the decedent’s date of death.
4. What kinds of damages can survivors recover in wrongful death cases?
The only damages recoverable in a wrongful death lawsuit are pecuniary, i.e. economic damages such as funeral and burial costs and loss of the deceased’s earnings, both past and future. Damages for minor children may also include loss of parental guidance. Unfortunately, non‑economic damages such as grief and loss of companionship are not recoverable.
5. Does the statute of limitations start on the date of death or the date of the accident/injury?
It starts on the date of death. Even if the event which caused the death happened earlier, what matters is the date the person died.
6. Do I need to worry about wrongful death cases involving government entities having special rules?
Yes. If a government agency is a defendant, you often must first file a Notice of Claim within a short period (usually within 90 days), before suing. After the Notice of Claim is filed, a lawsuit must still be filed within two (2) years of the date of the individual’s death.
7. How long will a wrongful death case take to resolve in NY?
It depends. Some wrongful death claims are straightforward and can be resolved in a matter of months. Others are more complicated and can take years to resolve, especially if there are disputes as to liability and damages, or if the case proceeds to trial. And before any wrongful death lawsuit can be filed, there needs to be a duly-appointed representative of the estate which can further prolong the process.
8. How much does it cost to bring a wrongful death case?
Most attorneys who handle wrongful death lawsuits work on a contingency fee basis meaning there’s only a fee if there’s a recovery (whether by settlement or jury verdict). The attorney’s fee, which is typically one-third (1/3) of the recovery, is always subject to Court approval.
9. What evidence is needed in a wrongful death case?
In addition to the evidence necessary to establish fault on the part of the defendant, a plaintiff in a wrongful death lawsuit will need evidence causally connecting the incident with the decedent’s death including medical records, an autopsy report and, oftentimes, expert medical testimony. Evidence will also be needed to prove pecuniary damages, including income tax returns, W-2s, union benefit records and employment records.
10. Can I sue for wrongful death if the death was partly my loved one’s fault?
Yes. New York is a pure comparative fault jurisdiction which means that even if the decedent was partially at fault for the incident causing his or her death, the surviving distributees are still entitled to a recovery, albeit one that it reduced by the deceased’s proportion of fault.
Wrongful Death Claims in New York
A video explainer from Jonathan Ratchik, Partner at Kramer, Dunleavy & Ratchik
No lawsuit can replace a loved one. But under New York law, a wrongful death claim offers a path toward accountability, closure, and financial stability for the family left behind. Jonathan Ratchik explains how these cases work, who can file, and what families can recover.
What is a wrongful death claim in New York?
A wrongful death claim arises when someone dies because another party failed to act with reasonable care, or acted negligently, recklessly, or intentionally. New York governs these cases by statute to compensate the family members who depended on the person who passed away. The key question is whether someone's wrongdoing was a substantial factor in causing the death.
What types of cases qualify?
Almost any fatal personal injury case can become a wrongful death claim, including:
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Car, truck, and pedestrian accidents
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Medical malpractice (misdiagnosis, surgical and medication errors, failure to monitor)
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Nursing home negligence (falls, infections, malnutrition, pressure ulcers)
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Construction and workplace accidents
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Dangerous premises, defective products, and criminal acts
Who can file a wrongful death lawsuit in New York?
This is widely misunderstood. New York allows only the personal representative of the decedent's estate to file not just any family member. If there's a will, the named executor files. If there's no will, the court appoints an administrator or administratrix, typically a surviving spouse, child, or parent. When no representative exists yet, the family must first petition New York Surrogate's Court to have one appointed before the case can proceed.
What damages can you recover?
New York is one of only two states that does not allow recovery for a family's grief, emotional loss, or loss of companionship. Families can recover pecuniary (financial) damages, including:
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Financial support the decedent provided
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Loss of household services and parental guidance
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Funeral, burial, and medical expenses
Damages the decedent sustained before death, conscious pain and suffering, pre-impact terror, lost earnings may also be recoverable.
What is the Grieving Families Act?
This proposed legislation would let New York families recover for grief and emotional loss. It has reached the governor's desk three years running and been vetoed each time, leaving New York among the most restrictive states for wrongful death victims.
Why these cases need experienced counsel
Wrongful death cases are complex, emotional, and time-sensitive. Estates must be set up correctly and the law applied strategically. At Kramer, Dunleavy & Ratchik, PLLC, we stand with families through the hardest moments investigating what happened and fighting for the justice your loved one deserves.
If you've lost a loved one to someone else's negligence, you don't have to navigate this alone. Contact Kramer, Dunleavy & Ratchik to discuss your case.
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Kramer, Dunleavy & Ratchik, PLLC is located in New York NY and serves clients in Manhattan, Brooklyn, Bronx, and Queens.This website contains “attorney advertising”. Prior results do not guarantee a similar outcome.
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