When negligence takes a life, New York law gives the family a path to accountability. Here’s how it works.
Who may bring the claim
In New York, a wrongful death action is brought by the personal representative of the deceased person’s estate, on behalf of the surviving family members who suffered a loss — typically a spouse, children, or parents.
What can be recovered
New York’s wrongful death statute focuses on the family’s economic losses: lost financial support, lost parental guidance, funeral and medical expenses, and the conscious pain and suffering of the deceased before death (through a related survival claim). The rules are specific and benefit from experienced handling.
The deadline
Wrongful death claims generally must be filed within two years of the date of death, and cases involving a public entity can require an earlier notice of claim. Early legal guidance protects the family’s rights.
Frequently asked questions
Can we file if a criminal case is also happening?
Yes. A wrongful death claim is a separate civil case and can proceed alongside any criminal proceeding.
What will it cost our family?
We handle wrongful death cases on contingency — there is no fee unless we recover for the family, and the consultation is free.
Related
Injured in New York? Alan Ripka & Associates offers a free, confidential case review in English, Spanish, or Russian. Call 212-557-4777.
Attorney Advertising. This article is general information, not legal advice, and does not create an attorney-client relationship. Every case is different; prior results do not guarantee a similar outcome. For advice about your situation, contact Alan Ripka & Associates, LLP at 212-557-4777 for a free consultation.
