Wrongful Death Laws in New York

Wrongful death in New York is a civil action where a person or entity is held liable for causing someone’s death through negligence or intentional harm. Eligible parties, such as a spouse, children, parents, or a personal representative, can file a lawsuit.

Through a wrongful death lawsuit, an individual or company can be held fully or partially responsible and forced to pay damages to the deceased person’s (also called a decedent) family members.

The specific elements of establishing a wrongful death claim depend on the laws in the jurisdiction where the action occurred.

This article covers New York’s wrongful death laws. Learn about damages, statutes of limitations, how to find a wrongful death attorney, and more.

Examples of Wrongful Death Cases in New York

Under New York law, wrongful death cases arise when the negligence or misconduct of another party causes an individual’s demise. Various scenarios can be grounds for a potential wrongful death claim, including:

• Automotive accidents
• Construction accidents
• Criminal assault or battery
• Drug overdoses
• Law enforcement misconduct
• Medical malpractice
• Product liability or defective products
• Premises accidents, like a slip-and-fall

Who Can File a Wrongful Death Lawsuit in New York?

In New York, only certain individuals and surviving family members have legal rights to file a wrongful death lawsuit. These include:

• The decedent’s spouse
• The decedent’s children
• The decedent’s parents
• The personal representative for the estate of the decedent

In New York, other family members (like siblings or cousins) usually cannot file a wrongful death lawsuit. Exceptions include if the decedent named them as the guardian or personal representative in their will. They still may not have rights to a wrongful death claim if there is a surviving spouse, parent, or child of the decedent.

If the decedent’s children are under the age of 18, they may need a guardian ad litem to file a wrongful death lawsuit on their behalf.

Wrongful Death Laws in New York State

There’s a lot to know about wrongful death laws in New York. The chart below summarizes New York’s wrongful death statutes.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

New York Wrongful Death Laws: Related Resources

Learn more about wrongful death laws in New York:

• Torts and Personal Injury: Wrongful Death Law
• Wrongful Death in a Car Accident
• New York Accident and Injury Laws
• New York Statutes of Limitations
• Wrongful Death Claims: Time Limits and the "Discovery Rule"

Contact a New York Attorney About Your Wrongful Death Case

No amount of compensation can take away the pain of losing a loved one. You may be entitled to recover damages if the loss is due to another party’s wrongful conduct or negligence. A personal injury attorney who understands New York’s wrongful death laws can determine whether you have a valid claim. They can seek appropriate compensation for pecuniary losses and hold responsible parties accountable for the death of your loved one.

Consider contacting a wrongful death lawyer for help with your New York wrongful death lawsuit.