Can I recover damages for a wrongful death in New York?

What the Law Says

New York’s wrongful death law allows a limited category of people to file a lawsuit when someone dies due to another party’s wrongful conduct. The law strictly defines who may sue, what damages are allowed, and how long they have to act.

Only the personal representative of the deceased person’s estate — usually named in a will or appointed by the Surrogate’s Court — may bring a wrongful death lawsuit in New York. Family members (like spouses, children, or parents) cannot sue individually; they benefit only through the estate’s recovery.

Damages are limited to financial losses suffered by the decedent’s distributees — such as lost wages, medical expenses before death, funeral costs, and loss of support or services. Importantly, New York law does *not* allow recovery for the deceased’s pain and suffering, grief, or loss of companionship — unlike some other states.

The claim must be filed within two years from the date of death. This deadline is strict: missing it bars the case entirely, unless a narrow exception applies (e.g., the defendant fraudulently concealed facts).

Statutory Text

An action may be maintained against a person who, by a wrongful act, neglect or default, causes the death of a person.

— Estates, Powers and Trusts Law § 5-4.1 — Right of action for wrongful death

Statutory Text

The damages awarded… shall be distributed to the decedent’s distributees… in proportion to their pecuniary injuries resulting from the decedent’s death.

— Estates, Powers and Trusts Law § 5-4.3 — Measure of damages

Statutory Text

Every action… must be commenced within two years after the death of the person whose death is the subject of the action.

— CPLR 2101(c) — Limitation of time for wrongful death actions

What Courts Have Said

New York courts have consistently interpreted the wrongful death statute narrowly — emphasizing its purpose is to compensate *economic loss*, not emotional harm.

What to Do

Sources