NY Wrongful Death Claim: Act Fast After a Fatal Crash
After a fatal motor-vehicle crash in New York, families may bring a wrongful death claim to recover economic losses and related damages. New York law sets specific requirements about who can file, what damages are available, and when to file. Acting promptly helps preserve evidence and protect your rights.
What is a wrongful death claim in New York?
A New York wrongful death claim seeks compensation when a death is caused by a wrongful act, neglect, or default that would have supported a personal injury claim if the person had survived. These claims are created and governed by the Estates, Powers and Trusts Law (EPTL) § 5-4.1. Damages are measured by losses to the decedent’s distributees, and any recovery is distributed under EPTL § 5-4.4.
Who can file the claim?
In New York, the personal representative (executor or administrator) of the decedent’s estate must file the wrongful death action on behalf of the statutory beneficiaries; family members generally cannot file in their individual capacities unless appointed as the representative (EPTL § 5-4.1). If no executor is named, the Surrogate’s Court can appoint an administrator.
Key elements you must prove
- A wrongful act, neglect, or default by the defendant that would have supported a personal injury action if the decedent had lived (EPTL § 5-4.1).
- A death resulted and there are surviving distributees who sustained pecuniary (financial) losses.
- Appointment of a personal representative authorized to bring the action.
Evidence often includes police reports, crash reconstruction, medical and wage records, and testimony about the decedent’s support and services to family.
Damages available
- Pecuniary losses to survivors (financial support, household services, and parental guidance) and reasonable funeral expenses (EPTL § 5-4.3).
- Statutory interest on the award running from the date of death (EPTL § 5-4.3).
- Conscious pain and suffering of the decedent through a separate survival claim brought by the estate (EPTL § 11-3.2).
New York historically has not permitted recovery for survivors’ own grief or emotional anguish in wrongful death actions. Proposed reforms have been considered in recent years but were not enacted as of this review; consult counsel about the current state of the law.
Deadlines and notice rules
In most cases, a wrongful death action must be commenced within two years of the decedent’s death, subject to limited extensions and tolls (for example, where a related criminal prosecution is pending) (EPTL § 5-4.1).
If a potential defendant is a public entity, a written notice of claim is generally required within 90 days — in wrongful death matters, within 90 days after the personal representative is appointed (GML § 50-e). Additional statutes govern when suit may be filed against public entities and those timelines can differ from general civil deadlines; prompt counsel is essential.
Practical tips
- Open the estate quickly so a personal representative has authority to act.
- Send spoliation letters immediately for vehicles, event data recorders, and nearby video.
- Avoid speaking to insurers without counsel; provide only basic facts until represented.
- Track all out-of-pocket expenses and keep organized records.
Why acting quickly matters
- Preserve critical evidence such as vehicle data, surveillance footage, and electronic communications before it is lost.
- Identify all potentially responsible parties and insurance, including owner liability and third parties (road maintenance, product defects).
- Meet all filing and notice requirements, especially where government entities may be involved.
Immediate checklist
- Petition Surrogate’s Court to appoint a personal representative.
- Request police accident report, EMS and hospital records, and any autopsy report.
- Collect employment and wage documentation for loss calculations.
- Document household services the decedent provided.
- Calendar the 2-year filing deadline and any 90-day notice-of-claim deadline.
Common steps after a fatal crash
- Secure appointment of a personal representative through the Surrogate’s Court.
- Send preservation letters for vehicles, electronic control module data, and nearby video.
- Obtain official records: police report, EMS and medical records, autopsy (if any), and employment/wage documentation.
- Evaluate both wrongful death and survival claims and coordinate with estate administration.
- Identify all at-fault parties and insurance; consider roadway maintenance or product defect theories as appropriate.
How an attorney can help
An experienced New York wrongful death attorney can open the estate, manage deadlines, investigate liability, retain experts, quantify pecuniary losses, handle insurer communications, and prepare the case for settlement or trial.
FAQ
Who receives the recovery?
Damages are distributed to statutory distributees under EPTL § 5-4.4, not necessarily according to a will.
Can we recover for the family’s grief?
Generally no. New York focuses on pecuniary loss in wrongful death. Ask counsel about any current legislative changes.
What if there is a criminal case?
A related criminal prosecution can affect the civil timeline; certain tolls may apply. Do not wait to start civil investigation.
Is a survival claim different?
Yes. A survival claim seeks damages the decedent could have recovered if alive, such as conscious pain and suffering (EPTL § 11-3.2).
What if a city or public authority is involved?
Notice of claim requirements and shorter deadlines may apply (GML § 50-e); act immediately.
Next step
Have questions about a potential New York wrongful death claim? Contact us for a confidential consultation.
Legal references
Last reviewed: 2025-11-05
Disclaimer: This post is for general information only, not legal advice, and does not create an attorney-client relationship. Laws change and outcomes depend on specific facts. Consult a licensed New York attorney about your situation.