Death claim: who can ask for help?

New York Wrongful Death Statute: New York Estates, Powers and Trusts Law § 5-4.1 governs wrongful death claims. The action must be brought by the personal representative of the decedent's estate for the benefit of the decedent's distributees (heirs at law). New York's wrongful death statute has historically been among the most restrictive in the country—limiting recovery primarily to pecuniary (economic) losses and excluding grief and mental anguish of the survivors.

Statute of Limitations: New York requires wrongful death actions to be commenced within two years of the decedent's death under EPTL § 5-4.1. A separate survival claim for the decedent's pre-death conscious pain and suffering is governed by CPLR § 214 (three years from the date of injury), but is typically filed together with the wrongful death action. Proposed legislation (the Grieving Families Act) sought to broaden recoverable damages—confirm current statutory status at time of filing.

Recoverable Damages: Traditional New York wrongful death damages are limited to pecuniary losses: lost financial support, loss of services and parental guidance, and reasonable funeral expenses. Grief, mental anguish, and loss of companionship are not recoverable in the wrongful death action itself (though pre-death conscious pain and suffering is recoverable in the survival action). New York does not permit punitive damages under EPTL § 5-4.3.

Venue and Procedural Notes: Wrongful death actions are filed in New York Supreme Court (the state's general-jurisdiction trial court). New York applies CPLR Article 16, limiting a defendant's liability for non-economic damages to their share of fault when less than 50% at fault. New York County Supreme Court has a Mass Tort Coordinated Part that handles complex multi-plaintiff wrongful death litigation arising from products, pharmaceuticals, and asbestos.