Wrongful Death Lawyer New York

Losing a family member because of someone else’s negligence or wrongful conduct changes a family’s life in ways that are hard to put into words, and New York’s wrongful death statute is built around a narrower question than the loss the family actually feels. The law asks what the decedent’s death cost the family in measurable, financial terms, and it places a firm two-year deadline on bringing the claim. Understanding both of those features early matters, because the claim has to be filed by a specific person, within a specific window, and the damages it can recover are more limited than many families expect. Law Offices Of SRIS, P.C. represents families across New York pursuing wrongful death claims after a fatal accident or other wrongful conduct.

A wrongful death claim is legally distinct from the personal injury claim the decedent might have pursued had they survived, and it belongs to the decedent’s estate and distributees rather than to any one family member individually. Because the claim must be brought by a personal representative and is subject to its own strict filing deadline, families often need to address the probate process and the wrongful death claim at the same time.

If you lost a family member because of another party’s negligence or wrongful conduct in New York, Mr. Sris and the firm’s Of Counsel attorneys can review the circumstances and the applicable deadlines. Call (888) 437-7747 to discuss what happened.

On this page

What a Wrongful Death Claim Means in New York

Under N.Y. E.P.T.L. § 5-4.1, the personal representative of a decedent who is survived by distributees may bring an action to recover damages for a wrongful act, neglect, or default that caused the decedent’s death, against a person who would have been liable to the decedent had death not resulted. This means the claim is not brought by a surviving spouse, child, or parent directly, but by the personal representative appointed to act on behalf of the estate, generally for the benefit of the decedent’s distributees. The action must generally be commenced within two years after the decedent’s death, a deadline that runs from the date of death rather than from the date of the underlying incident that caused it, which can be an important distinction when there is a gap between the injury and the death.

The damages available in a New York wrongful death claim are defined by N.Y. E.P.T.L. § 5-4.3, and they are limited to fair and just compensation for the pecuniary injuries resulting from the decedent’s death to the persons for whose benefit the action is brought, along with reasonable medical and funeral expenses and interest from the date of death. Pecuniary injuries generally refer to the measurable financial losses the distributees experienced because of the death, such as lost financial support, lost services, and lost guidance of a measurable economic nature. New York’s wrongful death statute does not permit recovery for the grief, sorrow, or emotional anguish the surviving family experiences, and it does not recognize loss of society or loss of companionship as a separate recoverable element of damages; the statute’s controlling word is pecuniary, and that limitation has not been changed by amendment. Families considering a wrongful death claim should understand this distinction clearly, since it shapes both what evidence is relevant and what the claim can ultimately recover.

Separately, a decedent’s own personal injury claim for injuries suffered before death, including any pain and suffering experienced between the incident and death, survives under N.Y. E.P.T.L. § 11-3.2 and may be pursued by the personal representative as part of the estate’s claim, alongside, but distinct from, the wrongful death claim itself.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Wrongful Death Cases

Mr. Sris and the firm’s Of Counsel attorneys begin a wrongful death matter by confirming the procedural requirements the claim must satisfy, including who has been or needs to be appointed as personal representative and how that appointment interacts with the two-year filing deadline under N.Y. E.P.T.L. § 5-4.1. Because probate and the wrongful death claim often need to move forward together, the firm works to coordinate that timeline early rather than letting probate delays put the underlying claim at risk.

The firm builds the damages case around the pecuniary losses the statute allows, gathering evidence of the decedent’s income, financial contributions to the household, and the services the decedent provided, along with documentation of medical and funeral expenses. Because New York law limits recovery to pecuniary loss under N.Y. E.P.T.L. § 5-4.3, the firm focuses on developing the financial and economic record that supports the claim rather than pursuing elements of damages the statute does not permit.

Where the decedent survived for a period before death, the firm also evaluates whether a separate survival claim under N.Y. E.P.T.L. § 11-3.2 is available for the decedent’s own pain and suffering during that period, in addition to the wrongful death claim. The firm keeps the personal representative and family informed throughout, tracks every applicable deadline, and coordinates with the estate’s other legal needs where necessary. The intake line is staffed for 24/7 phone intake so a family can begin the review process without delay after a loss.

About the Firm

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Since founding the firm in 1997, Mr. Sris and the firm’s Of Counsel attorneys have handled wrongful death matters for families across New York, working within the state’s specific procedural and damages framework. Mr. Sris’s background in accounting and information systems from George Mason University has been applied to cases requiring detailed calculation of pecuniary loss, including lost financial support and household services.

The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. Mr. Sris and the firm’s Of Counsel attorneys evaluate each wrongful death matter individually, addressing the personal representative requirement, the two-year filing deadline, and the pecuniary-loss damages framework that governs recovery under New York law.

Frequently Asked Questions

Who can file a wrongful death claim in New York?

Under N.Y. E.P.T.L. § 5-4.1, only the personal representative of the decedent’s estate may bring a wrongful death claim, on behalf of the decedent’s distributees, not any individual family member directly. If no personal representative has been appointed, that appointment generally needs to happen before or alongside pursuing the claim.

How long do we have to file a wrongful death claim in New York?

A wrongful death action must generally be commenced within two years after the decedent’s death, under N.Y. E.P.T.L. § 5-4.1. This period runs from the date of death, which can be later than the date of the incident that ultimately caused it, but the two-year deadline itself is strictly measured from the death.

Can we recover damages for our grief and emotional loss?

No. New York’s wrongful death statute, N.Y. E.P.T.L. § 5-4.3, limits recoverable damages to pecuniary, meaning financial or economic, injuries resulting from the death, along with medical and funeral expenses and interest. Grief, sorrow, mental anguish, loss of society, and loss of companionship are not recoverable elements of damages under New York’s wrongful death statute.

What counts as a “pecuniary” loss in a wrongful death claim?

Pecuniary losses generally include the measurable financial support and services the decedent provided to the distributees, such as lost income the decedent would have contributed, lost household or child-rearing services, and other economically quantifiable losses, along with reasonable medical expenses related to the fatal injury and reasonable funeral expenses.

Is a wrongful death claim the same as the decedent’s own injury claim?

No. A wrongful death claim under N.Y. E.P.T.L. § 5-4.1 compensates the distributees for their pecuniary loss from the death. A separate survival claim under N.Y. E.P.T.L. § 11-3.2 allows the estate to pursue the decedent’s own claim for injuries and, where applicable, pain and suffering experienced before death. These are distinct claims that can sometimes be pursued together.

What if probate has not been completed yet?

Because a wrongful death claim must be brought by a personal representative, appointment through the probate process is generally a necessary step before or alongside filing the claim. Given the two-year deadline, families should not assume that an unresolved probate matter pauses the wrongful death filing clock, and should address both matters promptly.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.

A wrongful death claim is one part of a wider personal injury practice, and our page on personal injury lawyer New York covers how these claims are handled.