Who Can File a Wrongful Death Claim in New York

New York ties wrongful death recovery to who would inherit, and it keeps the decedent's own suffering in a separate claim.

The personal representative sues

Under current law, the personal representative of the decedent has the right to bring the wrongful death action. Family members do not each sue in their own names.

Who benefits

The statute defines the beneficiaries as the distributees, meaning those eligible to inherit under New York's intestacy laws, such as a surviving spouse, children or parents. The Grieving Families Act would have widened that group, but it is not law.

What they recover

Damages are limited to pecuniary losses such as pre-death medical expenses, funeral expenses, the loss of support, services and inheritance, and the loss of nurture, guidance, counsel, advice, training and education.

The survival action

The decedent's own conscious pain and suffering between the injury and death is recovered through a separate survival action under EPTL 11-3.2, which belongs to the estate.

Punitive damages

Punitive damages may be available in a wrongful death action where the conduct would have supported them had the decedent survived, but they are not awarded in the survival action for personal injury.

Injured in New York?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a New York attorney

Official sources

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.