Losing a family member because someone else was careless leaves you facing grief and sudden financial pressure at the same time. When a fatal accident in New York City results from another party’s negligence, the surviving family can pursue a wrongful death claim to recover funeral costs, lost financial support, and other losses tied to the death.
At The Stein Law Group, PLLC, our personal injury lawyers help families across the five boroughs investigate fatal accidents, identify who is responsible, and build claims that pursue full compensation. We work on a contingency basis, so you pay nothing unless we recover money for your family.
What Is a Wrongful Death Claim in New York?
A wrongful death claim is a civil case brought when a person dies because of another party’s negligent or wrongful act. New York’s wrongful death statute, EPTL 5-4.1, requires the claim to be filed within 2 years of the date of death, and only the personal representative of the deceased person’s estate may bring it. Damages recovered are distributed to the surviving family members who suffered financial loss.
New York is one of the few states that does not currently allow surviving relatives to recover for their own grief or emotional anguish. The claim instead compensates measurable financial losses, which makes documenting the full economic impact of the death central to the case.
Fatal Accidents We Handle Across New York City
Almost any type of serious accident can turn fatal, and we handle wrongful death claims arising from a wide range of causes. Common examples include:
- Car, truck, and other motor vehicle accidents
- Medical malpractice, including birth injuries
- Construction accidents, including falls and struck-by incidents
- Workplace accidents and fatal on-the-job injuries
- Fires, explosions, and electrocutions
- Slip-and-fall accidents and other premises hazards
- Municipal liability accidents involving public property or vehicles
Fatal traffic crashes remain one of the largest sources of wrongful death claims in the city. According to the New York City Department of Transportation, 111 pedestrians were killed in traffic in 2025, showing how often ordinary trips end in preventable death on city streets.
Wrongful Death Compensation You May Recover
Because New York limits recovery to financial losses, the value of a claim depends on documenting every economic harm the death caused. The categories below reflect what surviving families most often recover.
| Type of Loss | What It Covers |
|---|---|
| Medical expenses | Costs of care between the accident and the death |
| Funeral and burial costs | Reasonable expenses for the funeral and burial |
| Lost financial support | Income and benefits the person would have provided |
| Lost services and guidance | Value of parental care, household services, and guidance |
| Conscious pain and suffering | The deceased person’s suffering before death, through a survival action |
After a Fatal Accident in New York City
Take These Steps to Protect Your Family’s Claim
Acting early helps preserve evidence and protects your right to recover.
|
1
Preserve records from the accident and any medical care
|
2
Do not give a statement to an insurer before you get advice
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3
Note the 2-year deadline to file under New York law
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4
Contact us to open an investigation into what happened
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Who Can File a Wrongful Death Claim?
Only the personal representative of the deceased person’s estate can file the claim, but the compensation benefits the surviving family members who depended on the person. Spouses, children, and parents are the relatives who most often recover, and the court distributes any award based on the financial loss each one suffered.
If no representative has been named yet, the court can appoint one so the claim moves forward. We help families handle that step so a filing deadline does not pass while the estate is still being organized.
Wrongful Death Claims by Borough
Each borough carries its own accident patterns, courts, and local hazards, and we handle wrongful death claims across all of them. You can learn more about our work in the borough where the accident happened:
- Our Brooklyn wrongful death lawyer team handles fatal accidents throughout Kings County
- Our Queens wrongful death lawyer team serves families across Queens County
- Our Manhattan wrongful death lawyer team represents families in New York County
- Our Bronx wrongful death lawyer team assists families throughout Bronx County
Working with a team that knows the borough where the accident occurred helps your case move efficiently through the right court.
Frequently Asked Questions About New York Wrongful Death Claims
How long do I have to file a wrongful death claim in New York?
New York generally gives families 2 years from the date of death to file a wrongful death claim under EPTL 5-4.1. Claims against a public entity can carry much shorter notice deadlines, sometimes as little as 90 days, so it helps to speak with us quickly.
How is a wrongful death settlement divided among family members?
The court distributes the recovery among the surviving family members based on the financial loss each person suffered from the death. A spouse and young children who depended on the person’s income typically receive the largest shares.
What does it cost to hire a wrongful death lawyer?
We handle wrongful death claims on a contingency basis. You pay no upfront fees, and our fee comes only from money we recover for your family.
Can I still recover if my family member was partly at fault?
Yes. New York follows a pure comparative negligence rule, so a recovery is reduced by the deceased person’s percentage of fault but is not barred. Even a claim with shared fault can result in meaningful compensation.
Talk to The Stein Law Group About Your New York Wrongful Death Case
The death of a family member is painful enough without facing insurers and legal deadlines alone. Our attorneys handle the investigation, the paperwork, and the negotiation so you can focus on your family, and we pursue the full financial recovery New York law allows.
We serve families in Brooklyn, Queens, Manhattan, and the Bronx, and we take wrongful death cases on contingency with no upfront cost. To speak with our team about what happened, please contact our office to schedule your free consultation.
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Legally reviewed by Adam J. Stein, Esq.
Last Updated:
Adam J. Stein, Esq. is the Founder and Managing Director of The Stein Law Group, PLLC, where he represents injured clients throughout New York City and New Jersey. A graduate of Seton Hall University School of Law, he is admitted to practice in both New York and New Jersey and handles personal injury cases including car accidents, medical malpractice, and wrongful death.