Wrongful Death

The unexpected loss of a loved one is devastating. When that death results from someone else's negligence, recklessness, or misconduct, the pain is compounded by a sense of injustice. In New York, wrongful death occurs when a person dies due to another party's wrongful act, neglect, or default—circumstances under which the deceased would have been able to pursue a personal injury lawsuit had they survived. These cases include a wide range of scenarios, such as car accidents, medical malpractice, construction accidents, defective products, premises liability, and even intentional acts.

If your loved one has suffered a wrongful death due to someone's negligence in New York, you don't have to face this difficult time alone. The Porter Law Group understands the complexities of New York's wrongful death laws and is committed to helping families recover the compensation they deserve. Our experienced New York wrongful death attorneys provide compassionate representation while aggressively pursuing justice for your family. Contact us today at 833-PORTER9 or email info@porterlawteam.com for a free, no-obligation consultation to discuss your case and learn about your legal options.

Understanding Wrongful Death in New York

Under New York Estates, Powers and Trusts Law Section §5-4.1, wrongful death is defined as a death caused by "a wrongful act, neglect, or default" where the deceased would have had grounds for a personal injury lawsuit if they had survived. This broad definition applies to fatal incidents caused by negligent, reckless, or intentional conduct.

The legal framework requires the same standards that apply to personal injury claims, meaning plaintiffs must establish four key elements:

• Duty: The defendant owed a duty of care to the deceased
• Breach: The defendant breached that duty through action or inaction
• Causation: The breach directly caused the death
• Damages: The death resulted in quantifiable losses to survivors

Common scenarios that fall under New York's wrongful death statute include:

• Motor vehicle accidents caused by negligent driving
• Medical malpractice resulting in patient death
• Construction site accidents due to safety violations
• Defective products that cause fatal injuries
• Premises liability incidents, such as slip and fall accidents
• Nursing home neglect or abuse
• Law enforcement misconduct

Important Limitations

New York law contains specific exclusions that limit wrongful death claims. Most notably, wrongful death claims involving fetal death before birth are not recognized, even if caused by negligence. This distinguishes New York from other states that allow fetal death claims under certain circumstances.

New York Wrongful Death Laws

New York's wrongful death statute, codified in Sections 5-4.1 through 5-4.6 of the Estates, Powers and Trusts Law, represents one of the most restrictive frameworks in the United States. These laws have remained largely unchanged since their original enactment in 1847, creating unique challenges for families seeking justice and compensation.

Who Can File a Wrongful Death Claim?

Unlike in many states where family members can directly file wrongful death lawsuits, New York has a unique requirement: only the personal representative (executor or administrator) of the deceased's estate may file a wrongful death claim. This means that spouses, children, or parents cannot file the lawsuit directly unless they have been officially appointed as the estate's personal representative.

The personal representative must be duly appointed in New York or another jurisdiction, and the deceased must have surviving distributees for the action to proceed. If an appointed executor refuses to bring the wrongful death action, the distributees are entitled to have an administrator appointed to prosecute the case on their behalf.

Who Benefits from Wrongful Death Claims?

While only the personal representative can file the lawsuit, any recovered damages are exclusively distributed to the decedent's distributees. New York law recognizes specific categories of family members as primary beneficiaries:

Primary Beneficiaries:

• Surviving spouse
• Children of the deceased
• Parents of the deceased (when there are no children)

Special Situations:

• When the deceased is survived by both parents and a spouse but no children, the parents are deemed distributees for the wrongful death action
• Extended family members such as siblings, cousins, and other relatives generally cannot bring wrongful death claims unless no immediate family survives

Damages and Compensation

Currently, New York's wrongful death statute permits recovery of only limited damages compared to other states:

Economic Damages:

• Lost earnings from the time of injury until death
• Medical and nursing care costs prior to death
• Funeral and burial expenses
• Value of support and services the deceased would have provided
• For children: loss of parental nurturing, guidance, and education

Conscious Pain and Suffering:

• The deceased's pain and suffering from the time of injury until death

Notable Limitations:

• No recovery for survivors' emotional pain and suffering
• No compensation for loss of companionship or consortium
• No awards for grief, anguish, or mental distress suffered by family members

Who Can Be Held Liable for Wrongful Death in New York?

Various parties may be held liable for wrongful death in New York, depending on the circumstances surrounding the death:

Individual Defendants

• Negligent drivers in car accidents
• Medical professionals who commit malpractice
• Property owners who fail to maintain safe premises
• Individuals who commit intentional acts resulting in death

Corporate Defendants

• Employers who fail to provide safe working conditions
• Manufacturers of defective products
• Healthcare facilities and hospitals
• Transportation companies
• Construction companies that violate safety regulations

Government Entities

• Municipalities responsible for road maintenance
• Public hospitals and healthcare facilities
• Law enforcement agencies
• Other governmental bodies whose negligence contributes to wrongful death

Special Requirements for Government Claims: When pursuing wrongful death claims against public entities, additional procedural requirements apply. A Notice of Claim must be delivered to the governmental defendant within 90 days of the appointment of the estate's personal representative.

What is the Statute of Limitations for Wrongful Death Claims in New York?

Time limits are critical in wrongful death cases, and New York imposes strict deadlines that must be observed:

General Rule: Two Years

Most wrongful death claims in New York must be filed within two years from the date of the deceased's death. This deadline is mandatory and absolute. Courts typically dismiss late claims, regardless of the circumstances.

Important Exceptions

Medical Malpractice Cases: Wrongful death claims based on medical malpractice have an extended deadline of two years and six months from the date of death.

September 11, 2001 (9/11) Related Deaths: Special provisions allow two years and six months from the decedent's death to file suit for deaths caused by the September 11 terrorist attacks.

Criminal Proceedings: When criminal charges have been filed against the same defendant related to the death, the personal representative has at least one year from the termination of the criminal action to file a civil lawsuit, even if the original two-year period has expired.

Claims Against Public Entities: While the same two-year statute of limitations applies to government defendants, the additional Notice of Claim requirement must be satisfied within 90 days of the personal representative's appointment.

Why Prompt Action Is Essential

The strict statute of limitations in wrongful death cases makes immediate legal consultation crucial. Families dealing with the loss of a loved one often need time to grieve and handle funeral arrangements, but waiting too long can permanently bar their right to seek compensation. Early legal intervention also allows for:

• Preservation of crucial evidence
• Witness interviews while memories are fresh
• Expert investigation of the incident
• Proper appointment of estate representatives
• Compliance with all procedural requirements

Looking to File a Wrongful Death Claim in New York?

Reach out to our experienced team for a free consultation.

Contact Us

Why Choose the Porter Law Group for Your New York Wrongful Death Case?

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.  

You only get one chance to hire the best lawyer for you and your family.  Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results. 

When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.     

How We Can Help

Navigating New York's complex wrongful death laws while grieving the loss of a loved one is overwhelming. The Porter Law Group provides experienced legal representation to help families through this difficult process. Our wrongful death attorneys understand the intricacies of New York law and work diligently to:

• Evaluate your case and determine the best legal strategy
• Handle the appointment of estate representatives when necessary
• Investigate the circumstances surrounding your loved one's death
• Identify all potentially liable parties
• Calculate the full extent of economic damages
• Negotiate with insurance companies and opposing counsel
• Represent your family in court when necessary

Our Commitment to Your Family

We understand that no amount of money can replace your loved one, but financial compensation can help address the economic hardships caused by their death and provide a measure of justice. The Porter Law Group works on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for your family.

Contact New York Wrongful Death Attorneys Today

If you have lost a loved one due to someone else's negligence in New York, time is of the essence. Don't let strict deadlines prevent your family from seeking the justice and compensation you deserve. Contact the Porter Law Group today for a free, no-obligation consultation to discuss your case and learn about your legal options. Call us at 833-PORTER9 or email info@porterlawteam.com.

Our experienced New York wrongful death attorneys are ready to provide the compassionate, professional representation your family needs during this difficult time. Let us handle the legal complexities while you focus on healing and remembering your loved one.