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.
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 pecuniary, meaning financial. 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 medical expenses from the final injury.
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.
A separate survival action under EPTL §11-3.2 can seek damages for the conscious pain and suffering the person experienced before death.
Who brings the claim
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 Surrogate's Court, Queens County, in Jamaica.
Deadlines
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 personal injury claims. Where a public entity is involved, a 90-day notice of claim requirement generally applies.
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, and lost parental guidance. New York does not currently allow recovery for grief or loss of companionship.
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.
