Losing someone is hard enough. Uncovering New York’s wrongful death laws shouldn’t be.
Just back in December 2024, Robert Brooks died after being beaten by corrections officers at Marcy Correctional Facility. Body camera footage revealed that Brooks was handcuffed and compliant when officers assaulted him. Six officers face charges including murder and manslaughter, and a wrongful death lawsuit is anticipated.
Losing a loved one is devastating, especially when their death was caused by someone else’s negligence. It can feel even worse when the person or people at fault were supposed to protect your loved one. Whether it was a car crash, construction accident, or medical malpractice, New York families have the right to pursue justice.
In this guide, our experienced team at Chaikin Trial Group explains the laws, deadlines, and compensation available in a wrongful death lawsuit.
What’s in This Guide:
- What Is Wrongful Death in NY?
- Who Can File a Wrongful Death Lawsuit in New York?
- What Is the Statute of Limitations for Wrongful Death in New York?
- Who Gets the Money in a Wrongful Death Lawsuit?
- What Damages Are Available?
- Are Wrongful Death Settlements Taxable in NY?
- What Is the Average Wrongful Death Settlement in New York?
What Is Wrongful Death in NY?
Under New York law, wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another. These claims are typically based on negligence and are governed by New York Estates, Powers & Trusts Law § 5-4.1.
A wrongful death can occur in many ways, such as:
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- A falling object at a construction site
- A pedestrian struck in a crosswalk
- Nursing home neglect or abuse
- Surgical errors or delayed diagnosis
- Defective products or machinery
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- Fatal workplace accidents, such as falls from height
- Police misconduct or excessive force
To succeed in a wrongful death lawsuit in NY, the plaintiff must prove that:
- A death occurred
- The death was caused by someone else’s negligence
- The deceased could have pursued a personal injury claim had they survived
- There are surviving distributees (family members)
- The estate suffered financial loss as a result
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Who Can Sue for Wrongful Death in New York?
In New York, only the personal representative of the deceased’s estate can file the claim. However, the lawsuit is filed on behalf of eligible surviving family members, including:
- Spouse
- Children
- Parents
- Other financially dependent relatives in some cases
Need help determining who qualifies? Contact our New York wrongful death attorneys to guide you through the process.
What Is the Statute of Limitations for Wrongful Death in New York?
The statute of limitations for wrongful death in New York is two years from the date of death. If you miss this deadline, you may lose your right to sue. This is outlined in EPTL § 5-4.1.
If you suspect a loved one’s death was caused by negligence, act fast. Contact a wrongful death attorney in NYC as soon as possible.
Who Gets the Money in a Wrongful Death Lawsuit in NY?
The damages recovered in a wrongful death lawsuit in NY go to the deceased’s distributees based on their financial loss. This usually includes spouses, children, and sometimes parents. The court may determine how to divide the award.
What Damages Are Available in a New York Wrongful Death Claim?
New York allows recovery for economic and non-economic losses, including:
- Funeral and burial costs
- Medical bills from the final injury
- Loss of income and benefits
- Loss of parental guidance
- Pain and suffering experienced by the deceased
However, New York does not allow family members to recover for their own emotional distress after the loss. Unlike many other states, there is no cap on damages.
The Grieving Families Act
New York lawmakers have repeatedly attempted to pass the Grieving Families Act, which would expand the state’s wrongful death statute to allow for emotional damages. Governor Kathy Hochul has vetoed the bill multiple times, citing concerns about increased insurance costs. However, sponsors plan to reintroduce the bill in the current legislative session. If passed, this could significantly impact the rights of grieving families across the state.
Are Wrongful Death Settlements Taxable in NY?
Generally, wrongful death settlements are not taxable under federal or state law when compensating for physical injuries, medical expenses, and lost wages. However, certain exceptions may apply, especially with punitive damages.
A trusted New York wrongful death law firm can help you understand what portions, if any, could be taxed.
What Is the Average Wrongful Death Settlement in New York?
The average wrongful death settlement in New York varies depending on age, income, dependents, and the circumstances of death. Settlements often range from hundreds of thousands to several million dollars.
Cases can settle big, though. For example, in a tragic 2018 incident, a sightseeing helicopter crashed into the East River, resulting in the deaths of five passengers, including 26-year-old journalist Trevor Cadigan. The crash was caused by a passenger restraint tether that inadvertently activated a floor-mounted fuel shut-off switch. Initially, a Manhattan jury awarded Cadigan’s family $116 million, but the amount was later reduced to a $90 million settlement to avoid prolonged appeals.
No two cases are the same. An experienced wrongful death lawyer in New York will assess your family’s unique losses and fight for the full compensation you deserve.
Talk to a Wrongful Death Attorney NYC Families Trust
If you lost a loved one due to negligence, don’t handle the legal system alone. At Chaikin Trial Group, our wrongful death attorneys in New York City help grieving families get justice and hold negligent parties accountable.
Call us or complete a Free Case Evaluation to speak with a New York wrongful death attorney today.
Legal Disclaimer: If you believe this information is relevant to your situation, please contact our office directly to schedule a consultation. Mr. Chaikin is licensed to practice law in New York, New Jersey, and Florida. The information herein is not legal advice and does not create an attorney/client relationship with Chaikin Trial Group. This blog is in the form of legal education and is intended to provide general information about the matter within the topic.