New York Wrongful Death Damages Calculator

New York allows wrongful death damages for pecuniary loss only, including the loss of nurture, guidance and counsel, but not grief. A separate survival action recovers the decedent's own conscious pain and suffering. You have two years.

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Estimate the wrongful death claim

Enter the pecuniary losses, the value of lost guidance, the survival claim, and the fault share.

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Estimated result
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Pecuniary loss only, and a separate survival claim

New York's wrongful death statute is limited to pecuniary injuries plus funeral and medical expenses under EPTL 5-4.3. Current law allows the loss of support, services and inheritance and the loss of nurture, guidance, counsel, advice, training and education, but not grief or companionship as such.

The Grieving Families Act was vetoed again on December 5, 2025. The decedent's own pre-death suffering is recovered through the survival action in EPTL 11-3.2, which belongs to the estate. The deadline is two years from the death.

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Official sources

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited New York statutes. Confirm how these rules apply to your specific case with a licensed New York attorney.