Wrongful Death Attorneys

Long Island Wrongful Death Attorneys

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Prior results do not guarantee a similar outcome. Losing someone you love because of another person's negligence, carelessness, or wrongdoing is one of the hardest things a family can face. In the middle of grief, families are often left to handle funeral arrangements, lost income, and unanswered questions about what happened all while a legal clock is already running. At Chiariello & Chiariello , our Long Island wrongful death attorneys have represented Nassau and Suffolk County families, as well as clients throughout Queens, Brooklyn, and New York City, for more than 50 years. We handle these cases with the same care we'd want for our own family: honest answers, direct access to your attorney, and a firm commitment to pursuing full and fair compensation. Contact us online or call 516-475-4428 for a free, no-obligation consultation.

What Is a Wrongful Death Claim in New York?

A wrongful death claim allows a deceased person's estate to pursue the same legal claim the decedent could have brought had they survived if their death was caused by another party's wrongful act, neglect, or default. New York's wrongful death statute, Estates, Powers and Trusts Law (EPTL) § 5-4.1, has governed these claims since 1847, and it works differently than a typical personal injury case: because the injured person can no longer file suit, New York law designates someone else to bring the claim on the family's behalf.

Who Can File a Wrongful Death Claim in New York? (EPTL § 5-4.1)

No one deserves to be held back if they’ve been injured due to someone else’s negligence. In addition to providing legal guidance, we also offer emotional support and resources to help you and your family cope with the aftermath of an accident. Under EPTL § 5-4.1, only the personal representative of the deceased person's estate has legal standing to bring a wrongful death action not surviving family members directly. The personal representative is:

• The executor named in the decedent's will, or
• The administrator appointed by the Surrogate's Court if there is no will

The personal representative acts on behalf of the decedent's distributees typically the surviving spouse, children, or parents who are the ones entitled to receive any recovery. If a will names an executor who won't pursue the claim, the distributees can ask the court to appoint an administrator instead. Because appointing a personal representative takes time, and the statute of limitations does not pause while that happens, courts can appoint a temporary administrator under SCPA § 1002 specifically to file suit and preserve the family's rights when time is short. If your loved one passed away without a will, or your family hasn't yet gone through Surrogate's Court, we can help coordinate that process alongside the wrongful death claim.

Damages Recoverable in a New York Wrongful Death Case (EPTL § 5-4.3)

New York limits wrongful death recovery to pecuniary (financial) losses the measurable economic impact the death has had on surviving family members. There is no statutory cap on these damages. Depending on the circumstances, recoverable damages may include:

• Funeral and Burial Expenses

Reasonable costs associated with the decedent's funeral and burial.

• Lost Income and Financial Support 

The income and financial support the decedent would reasonably have provided to their family had they lived, based on factors like age, health, earning capacity, and life expectancy.

• Loss of Parental Guidance, Nurture, and Care 

When a parent dies, surviving children may recover for the loss of the guidance, instruction, and care that parent would have provided

• Medical Expenses Prior to Death

Reasonable medical costs incurred in treating the decedent between the injury and death.

Pain and Suffering of the Decedent Before Death (Survival Action — EPTL § 11-3.2) This is technically a separate but related claim, often filed alongside the wrongful death action. A survival action compensates the decedent's own estate for the conscious pain and suffering the decedent experienced between the time of injury and death as opposed to the wrongful death claim, which compensates survivors for their own financial losses. We routinely pursue both claims together where the facts support it. Please note: Under current New York law, wrongful death damages do not include compensation for a family's grief, emotional anguish, or loss of companionship New York is more restrictive on this point than many other states. Legislation known as the Grieving Families Act has been proposed to expand recoverable damages, but as of this writing it has not been signed into law. We monitor developments in this area closely and will advise clients if the law changes while their case is pending.

Statute of Limitations for Wrongful Death Claims in New York

Under EPTL § 5-4.1, a wrongful death claim must generally be filed within two years of the date of death, not the date of the underlying accident or injury. This is shorter than the standard three-year window for most New York personal injury claims, and courts enforce it strictly. A few important exceptions and nuances:

Claims against government entities (a municipality, county, school district, or state agency, for example) including many on Long Island require a Notice of Claim within 90 days of the personal representative's appointment, in addition to the two-year deadline. Missing this shorter window can bar the claim entirely, even if you're still within the two-year period.

Pending criminal case: If a criminal case is proceeding against the same defendant, the personal representative has at least one year from the end of that criminal case to file, even if the standard deadline has passed.

Minor beneficiaries: In limited circumstances involving a beneficiary who is a minor, tolling provisions may apply this is fact-specific and should be reviewed with an attorney.

Because the clock starts running immediately and does not wait for a personal representative to be appointed, we encourage families to speak with an attorney as soon as they're able, even before Surrogate's Court proceedings are complete.