Wrongful Death in New York? Get the justice and compensation you deserve. Call Attorney Michael Siddons for a FREE consultation: (610) 255-7500. No fee unless we win.
Experienced Wrongful Death Lawyer in New York
When a loved one dies due to another party’s negligence in New York, the surviving family faces not only unimaginable grief but also complex legal challenges unique to New York law. New York’s wrongful death statute has specific requirements about who can file, what damages are recoverable, and critical deadlines that must be met. Attorney Michael Siddons provides experienced, compassionate representation to New York families pursuing wrongful death claims, ensuring every legal avenue is explored to maximize your family’s recovery.
New York Wrongful Death Laws
New York’s wrongful death statute (EPTL §5-4.1) provides that a wrongful death action can only be brought by the personal representative (executor or administrator) of the deceased’s estate — individual family members cannot file on their own. The statute of limitations is two years from the date of death. New York’s wrongful death law is notably more restrictive than neighboring states in terms of recoverable damages — it focuses on the financial losses of the distributees (those who would inherit under intestacy law), rather than emotional loss. However, New York’s separate survival action and the state’s pure comparative negligence rule (allowing recovery even if the deceased was partially at fault) can help maximize total recovery. New York also recognizes a conscious pain and suffering claim if the deceased survived for any period after the injury.
Types of Wrongful Death Cases We Handle
Our firm handles wrongful death cases in New York arising from car, truck, and motorcycle accidents, medical malpractice and hospital negligence, construction site accidents (especially scaffold and fall-related deaths under NY Labor Law §240), workplace accidents, defective products, premises liability and negligent security, nursing home abuse and neglect, pedestrian and bicycle accidents, subway and transit accidents, and criminal acts where negligent security was a factor.
Compensation Available in New York Wrongful Death Cases
New York wrongful death damages are focused on the pecuniary (financial) losses of the surviving distributees. These include the deceased’s lost future earnings and financial contributions, loss of parental guidance and nurturing for minor children, medical expenses incurred before death, funeral and burial expenses, and interest from the date of death. Notably, New York’s wrongful death statute does not allow recovery for grief, emotional distress, or loss of companionship of the survivors (unlike NJ and PA). However, the estate’s separate survival action can recover the deceased’s conscious pain and suffering before death, which can be substantial. New York follows pure comparative negligence, so recovery is possible even if the deceased was partially at fault.
Frequently Asked Questions
Who can file a wrongful death lawsuit in New York?
Only the personal representative (executor or administrator) of the deceased’s estate can file a wrongful death action in New York. The recovery is distributed to the “distributees” — those who would inherit under New York’s intestacy laws, typically the spouse and children.
What is the statute of limitations for wrongful death in New York?
The statute of limitations is two years from the date of death. If a government entity is involved, a Notice of Claim must be filed within 90 days. These deadlines are strictly enforced.
Can I recover for pain and suffering in a New York wrongful death case?
New York’s wrongful death statute itself does not allow survivors to recover for their own grief or emotional suffering. However, the estate can bring a separate survival action to recover the deceased’s own conscious pain and suffering between the time of injury and death, which can add significant value to the case.
Does New York cap wrongful death damages?
New York does not have a general cap on wrongful death damages. However, the focus on pecuniary losses means that demonstrating the full financial impact of the death — including lost earnings, benefits, and parental guidance — is critical to maximizing recovery.
What about construction accident deaths in New York?
New York has some of the strongest construction worker protections in the country under Labor Law §240 (the “Scaffold Law”) and §241(6). These laws impose strict liability on property owners and general contractors for gravity-related construction deaths, making it easier for families to recover compensation.
Ready to Fight for Your Rights? Contact Siddons Law Firm today for your FREE wrongful death consultation. Call (610) 255-7500. We serve all of New York. No fee unless we win.