Losing someone to negligence in Queens
Nothing about a claim undoes what happened. What it can do is hold the responsible party accountable and address the financial consequences your family is now carrying. We handle these cases with the understanding that you are dealing with something far harder than a legal process.
Our office is at 4740 21st Street, Suite 904, in Long Island City, and we represent families throughout Queens.
What New York allows a family to recover
New York's wrongful death statute is narrower than most people expect, and it is important to be straightforward about that.
Under EPTL §5-4.3, damages in a New York wrongful death action are compensation for the "pecuniary injuries resulting from the decedent's death," meaning financial losses. They can include funeral and burial expenses, the financial support the person would have provided, the value of services they provided to the household, lost parental guidance and nurture for their children, and the reasonable expenses of medical aid, nursing and attention incident to the injury causing death.
New York does not currently allow recovery for the family's grief, emotional suffering, or loss of companionship in a wrongful death action. Legislation to change that, the Grieving Families Act, has passed the Legislature and been vetoed several times, most recently in December 2025.
The survival claim
A wrongful death claim is about the family's losses. A separate survival claim belongs to the person who died. Under EPTL §11-3.2(b), no cause of action for injury to a person is lost because of that person's death, and the personal representative may bring or continue it. That claim can address the injuries and suffering the person experienced before death.
Who brings the claim
Under EPTL §5-4.1, the action is brought by the personal representative of the estate on behalf of the distributees. If no estate has been opened, that step usually comes first, and we can help with it. In Queens that is handled through the Surrogate's Court, Queens County, at 88-11 Sutphin Boulevard in Jamaica.
How any recovery is shared
Under EPTL §5-4.4, wrongful death damages are exclusively for the benefit of the decedent's distributees, and the personal representative distributes them in proportion to the pecuniary injuries each one suffered, as determined after a hearing. That is a court process, and it is one reason the estate and the claim need to be handled together.
What to do in the first weeks
There is no single right order, but a few things help. Obtain copies of the death certificate. Keep every bill and record connected to the final injury and the funeral. Ask for the police or incident report if there is one. Preserve photographs, messages and anything else connected to what happened, and be cautious about signing anything or giving a recorded statement to an insurer before you understand your rights.
The evidence that matters
The evidence depends on how the death happened. It often includes the police or incident report, camera footage, witness statements, the medical records from the final injury, and records of the person's earnings and the support and services they provided to the family, which go directly to what New York allows the family to recover.
Deadlines
Under EPTL §5-4.1, a wrongful death action must be commenced within two years after the death, which is shorter than the three-year period for most personal injury claims. Where a criminal action has been commenced against the same defendant for the same event, the statute gives the personal representative at least one year from the termination of the criminal action.
Where a public entity is involved, General Municipal Law §50-e generally requires a notice of claim within ninety days, and in wrongful death actions those ninety days run from the appointment of a representative of the estate.
Where a Queens case is heard
Estate matters are handled in the Surrogate's Court, Queens County. A wrongful death lawsuit venued in Queens is brought in the Supreme Court, Queens County, which sits at 88-11 Sutphin Boulevard in Jamaica and at 25-10 Court Square in Long Island City.
Our Queens personal injury page lists every type of injury case we handle in the borough.
Frequently asked questions
Who can bring a wrongful death claim in New York?
A New York wrongful death action is brought by the personal representative of the deceased person's estate on behalf of the surviving family members. If no estate has been opened, that step usually comes first, and in Queens it is handled through Surrogate's Court in Jamaica.
What can a family recover in a New York wrongful death case?
Recovery is limited to pecuniary, or financial, losses under EPTL §5-4.3, such as funeral expenses, lost financial support, the value of services, lost parental guidance, and medical expenses from the final injury. New York does not currently allow recovery for grief or loss of companionship.
What is the difference between a wrongful death claim and a survival claim?
A wrongful death claim compensates the family's financial losses. A survival claim under EPTL §11-3.2(b) continues the claim the person had for their own injuries before death, and it is brought by the personal representative.
How long do I have to file a wrongful death claim?
A wrongful death action generally must be started within two years of the date of death under EPTL §5-4.1, which is shorter than the three-year period for most injury claims. A 90-day notice of claim generally applies where a public entity is involved, running from the appointment of a representative of the estate.
How is a wrongful death recovery divided?
Under EPTL §5-4.4, the damages are for the benefit of the distributees and are distributed by the personal representative in proportion to the pecuniary injuries each suffered, as determined by the court after a hearing.
Where is a Queens wrongful death case heard?
Estate matters are handled in the Surrogate's Court, Queens County, at 88-11 Sutphin Boulevard in Jamaica. A wrongful death lawsuit venued in Queens is brought in the Supreme Court, Queens County, at the same address or at 25-10 Court Square in Long Island City.
