New York Personal Injury — Wrongful Death and Estate Recovery
When personal injury intersects with death, two legal claims arise: a wrongful death action belonging to surviving family (EPTL §5-4.1) and a survival action belonging to the estate (EPTL §11-3.2). Both must be pursued in coordination with the Surrogate's Court appointment. Our attorneys handle wrongful death, survival actions, and the distribution of settlement proceeds among heirs.
Personal Injury Topics
Wrongful Death Claims in New York
A wrongful death action in New York is brought by the personal representative of the deceased's estate on behalf of the surviving family members. Damages can include lost financial support, funeral expenses, and the value of services the deceased would have provided.
- Lost earnings and financial support
- Funeral and burial expenses
- Medical expenses related to the fatal injury
- Loss of parental guidance and nurturing for minor children
- Distribution of recovery to eligible distributees
Survival Actions
A survival action allows the estate to recover damages the deceased could have claimed if they had survived. This includes pain and suffering experienced before death, lost earnings from the time of injury to death, and medical expenses.
Estate Administration After Wrongful Death
Pursuing a wrongful death or survival claim requires the appointment of a personal representative (executor or administrator) of the deceased's estate. We handle the estate administration process alongside the wrongful death claim, ensuring all legal requirements are met.
Statute of Limitations
New York's statute of limitations for wrongful death claims is two years from the date of death. Acting quickly is essential — evidence must be preserved, witnesses identified, and legal proceedings initiated within this window.
Frequently Asked Questions
Who can bring a wrongful death claim in New York?
In New York, only the personal representative (executor or administrator) of the deceased's estate can bring a wrongful death action. The recovery is then distributed to the deceased's distributees (heirs) based on their pecuniary loss.
How long do I have to file a wrongful death claim in New York?
New York's statute of limitations for wrongful death is two years from the date of death. This deadline is strictly enforced — missing it generally bars recovery entirely. Contact us immediately if you believe you have a wrongful death claim.
Discuss Your Personal Injury Matter
Speak directly with Alan Vaitzman, Esq. about your situation. Free consultation, transparent flat-fee pricing where applicable.
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