States With Caps on Wrongful Death Damages
New York limits wrongful death damages by what they cover, not by a dollar figure.
No dollar cap
There is no cap on compensatory wrongful death damages in New York.
Pecuniary loss only
EPTL 5-4.3 limits recovery to pecuniary injuries plus medical and funeral expenses. The Grieving Families Act would have added grief or anguish, loss of love, society, protection, comfort, companionship and consortium, and extended the deadline.
Four vetoes
Governor Hochul vetoed the most recent version on December 5, 2025, the fourth veto since January 2023. The 2026 auto tort reform did not change wrongful death damages.
The survival claim
The estate may recover the decedent's own conscious pain and suffering through EPTL 11-3.2, a separate claim.
How other states compare
New Jersey and Nebraska also limit wrongful death recovery to pecuniary loss, while Nevada expressly allows grief or sorrow and Montana, Missouri and Mississippi mix caps with consortium damages.
A local personal injury attorney can review your claim — many offer a free consultation.
Official sources
- N.Y. CPLR § 1601 — limited liability of persons jointly liable
- N.Y. CPLR § 1411 — damages not barred by culpable conduct
- N.Y. CPLR § 214 — three-year actions
- N.Y. EPTL § 5-4.3 — wrongful death damages
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New York's rules apply to your specific case with a licensed New York attorney.