Wrongful Death & Estate Recovery

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.