Losing someone you love to another person’s negligence turns grief into something sharper, a mix of sorrow, anger, and uncertainty about how your family will move forward. While no lawsuit can bring back the person you lost, New York law allows surviving family members to seek compensation for the financial and emotional harm caused by a wrongful death. Understanding what damages are available, and how to pursue them, is the first step toward holding the responsible party accountable. A Nassau County wrongful death lawyer can guide you through this difficult process and fight for the compensation your family deserves.
Categories of Wrongful Death Damages in New York
New York law recognizes two distinct claims: the wrongful death claim (limited to economic losses) and the survival action (which can include the decedent’s conscious pain and suffering). These are separate causes of action, each with different legal bases, though they are often filed together. Unlike some states, New York does not allow recovery for the survivors’ grief or loss of companionship in wrongful death claims.
Economic Loss
Economic damages compensate surviving family members for the financial support they lost due to the death. These damages are calculated based on what the deceased would have contributed to the family over their expected lifetime and may include:
- Lost wages and future earning capacity
- Value of benefits such as health insurance and retirement contributions
- Loss of parental guidance, instruction, and training for minor children
- Medical expenses incurred before death
- Funeral and burial costs
Courts consider factors such as the decedent’s age, health, earning history, and life expectancy when calculating these losses. Expert testimony from economists and vocational specialists often plays a key role in establishing the full value of economic damages.
Pain and Suffering
If the deceased experienced conscious pain and suffering between the time of injury and death, the estate may recover compensation for that suffering. This is technically part of a ‘survival action’ brought on behalf of the decedent’s estate, which is often filed alongside the wrongful death claim. Under New York Estates, Powers and Trusts Law § 11-3.2, these damages reflect the physical pain, emotional distress, and fear the person experienced before passing.
Who Can File a Wrongful Death Claim?
In New York, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This is typically the executor named in the will or an administrator appointed by the court if there is no will. The representative brings the claim on behalf of the decedent’s distributees, the family members entitled to inherit under New York law.
Distributees usually include the surviving spouse, children, and in some cases, parents or siblings of the deceased. Any compensation recovered is distributed among these family members according to their financial losses and relationship to the decedent.
Timeline for Filing a Wrongful Death Lawsuit
New York imposes strict deadlines for wrongful death claims. Under EPTL § 5-4.1, a wrongful death lawsuit must generally be filed within two years of the date of death. If the claim involves a government entity, such as a city bus or public hospital, additional requirements apply, including a 90-day notice of claim. The ninety days runs from the appointment of a representative of the decedent’s estate.
Missing these deadlines can permanently bar your family from recovering compensation. Because establishing an estate and gathering evidence takes time, consulting an attorney soon after a loved one’s death is essential to protect your rights.
If You’ve Lost a Loved One, Bornstein & Emanuel Is Here to Help
Pursuing a wrongful death claim while grieving is overwhelming, but you do not have to face it alone. At Bornstein & Emanuel, P.C., we handle wrongful death cases with compassion and determination, fighting to hold negligent parties accountable and secure fair compensation for your family. We have served families in Nassau County, Queens, and throughout the New York metro area for more than 30 years. Your consultation is free, and we only get paid if we recover money for you. Contact us today. ¡Hablamos Español!
