When a person’s life is lost due to someone else’s negligence or misconduct, the impact on their loved ones is devastating. Beyond the emotional pain, families often face unexpected financial burdens—from funeral costs to the loss of a breadwinner’s income. In these cases, filing a wrongful death lawsuit can help families recover legally recognized damages and hold the responsible parties accountable. But what exactly qualifies as a wrongful death in New York, and what types of situations commonly lead to these claims?

A wrongful death claim in New York arises when an individual’s death is caused by the negligent, reckless, or intentional act of another person or entity. These lawsuits are filed by the decedent’s personal representative (executor or administrator) on behalf of eligible distributees. New York law focuses recovery on pecuniary (economic) losses suffered by the surviving family—not their grief or emotional anguish. Understanding how wrongful death cases work—and the types of incidents that lead to them—can help families recognize when they may have legal grounds to pursue justice with the help of a wrongful death lawyer.

How New York defines wrongful death, highlights common examples, clarifies what damages are available, and outlines the time limits and procedures that apply is explained below.

How New York Defines Wrongful Death

Under New York Estates, Powers & Trusts Law (EPTL) § 5-4.1, a wrongful death occurs when “a death is caused by the wrongful act, neglect, or default” of another person, corporation, or entity. If the deceased could have brought a personal injury claim had they survived, the personal representative may bring a wrongful death action for the benefit of the distributees. The statute generally requires that the action be filed within two years of the date of death. If there is a related criminal prosecution against the same defendant, New York law provides at least one year from the termination of the criminal case to bring the civil wrongful death action, even if the two‑year period has expired or has less than a year remaining.

To establish liability in a New York wrongful death lawsuit, a wrongful death attorney typically must prove:

• A death occurred.
• The death was caused by the defendant’s negligent, reckless, or wrongful conduct.
• The decedent could have sued for personal injuries had they lived.
• Eligible distributees suffered pecuniary losses because of the death.

It’s important to underscore that, under current New York law, recovery for the family’s grief, sorrow, or loss of companionship is not permitted in a wrongful death claim. (Separate claims, discussed below, may address the decedent’s pre‑death pain and suffering.)

Common Examples of Wrongful Death Lawsuits in New York

Wrongful death cases can stem from many types of incidents. The following examples frequently lead to litigation across New York.

1. Motor Vehicle Crashes (Cars, Trucks, Motorcycles)

Fatal collisions often involve speeding, impairment, distraction, or commercial vehicle violations. Potential defendants can include negligent drivers, their employers under vicarious liability, and occasionally vehicle or parts manufacturers when a defect contributed to the crash.

2. Medical Malpractice

When a healthcare provider deviates from accepted standards of care and a patient dies, the estate may pursue a wrongful death lawsuit for medical malpractice. Common scenarios include surgical errors, misdiagnosis or delayed diagnosis, medication mistakes, and failures to monitor or respond to complications.

3. Construction and Workplace Accidents

New York’s construction industry presents heightened risks. Fatalities can result from falls, electrocutions, equipment malfunctions, and unsafe work practices. While workers’ compensation provides certain benefits, third‑party wrongful death claims may be available against negligent subcontractors, property owners, or equipment manufacturers.

4. Dangerous or Defective Products

Product liability claims arise when a defective design, manufacturing flaw, or inadequate warnings cause a fatal injury. Cases may involve automotive components, consumer products, industrial machinery, or medical devices. These claims often proceed against manufacturers, distributors, and others in the supply chain.

5. Premises Liability (Unsafe Property Conditions)

Property owners must keep their premises reasonably safe. Fatal injuries caused by hazards—such as uncorrected slippery conditions, falling objects, unsafe stairways, code violations, or inadequate security—can support a wrongful death claim.

6. Nursing Home Neglect or Abuse

Elderly residents depend on facilities for medication management, nutrition, fall prevention, and supervision. Wrongful death claims can arise from untreated infections, bedsores, malnutrition or dehydration, and other neglect or abuse.

7. Pedestrian and Bicycle Collisions

Urban areas across New York see high rates of pedestrian and cyclist traffic. Failures to yield, red‑light violations, speeding, and distracted driving can lead to fatal outcomes and ensuing wrongful death litigation.

8. Criminal Acts and Intentional Violence

Even when a perpetrator faces criminal prosecution, the estate may bring a civil wrongful death lawsuit. The civil action seeks financial accountability independent of criminal punishment.

What Damages Are Recoverable in a New York Wrongful Death Claim?

New York’s damages statute, EPTL § 5-4.3, limits recovery to fair and just compensation for pecuniary (economic) injuries suffered by the distributees. Depending on the facts, recoverable items can include:

• Loss of financial support and services the decedent would have provided.
• Loss of parental guidance and training for surviving children (treated as a pecuniary loss in New York).
• Reasonable funeral and burial expenses.
• Reasonable medical, nursing, and related expenses incident to the fatal injury or illness.
• Punitive damages in appropriate cases where the defendant’s conduct was willful, wanton, or showed conscious disregard for safety.

By contrast, damages for the survivors’ grief, sorrow, or loss of companionship/consortium are not available under current New York wrongful death law. Proposed legislation (often referred to as the Grieving Families Act) that would have expanded damages to include emotional loss has repeatedly been vetoed; as of 2025, the statute still limits recovery as described above.

A Separate but Related Claim: Survival Action for Pre‑Death Suffering

A wrongful death action addresses the family’s pecuniary losses. Separately, New York recognizes a survival action (EPTL § 11‑3.2) on behalf of the estate for damages the decedent personally sustained between injury and death—for example, conscious pain and suffering, fear, or other personal damages, provided there is evidence of conscious awareness. Any recovery in a survival action becomes part of the estate and is distributed according to law.

Time Limits to File in New York

• General deadline: A wrongful death lawsuit must be filed within two years of the date of death (EPTL § 5‑4.1).
• Criminal‑case tolling: If a criminal action is commenced against the same defendant for the underlying event, the estate has at least one year from termination of the criminal case to file, even if the two‑year period has lapsed or has less than a year remaining.
• Because these deadlines are strict and appointment of a personal representative can take time, families should consult a wrongful death attorney promptly.

How a Wrongful Death Lawyer Builds the Case

An experienced wrongful death lawyer in New York will identify all liable parties, secure and preserve evidence (medical records, digital data, video, and witness testimony), consult with experts (medical, accident reconstruction, economics), and present proof of the distributees’ pecuniary losses. The attorney will also assess whether a related survival action for pre‑death suffering is supported and whether punitive damages are warranted based on the defendant’s conduct.

Call Brandon J. Broderick For Legal Help

If you’ve lost a loved one because of another party’s negligence or wrongdoing, the legal team at Brandon J. Broderick, Attorney at Law is here to help. We understand the emotional and financial challenges families face after a tragic loss, and we’re committed to pursuing accountability.

Our attorneys handle wrongful death lawsuits throughout New York with compassion and rigor. We’ll review your case, explain your rights under New York’s wrongful death and survival statutes, and seek the full measure of compensation the law allows. Contact us today to schedule a consultation and take the first step toward justice.