When a Negligent Party Takes Someone You Love, New York Law Gives Your Family a Path to Justice
Losing a family member because someone else was careless is a grief no one should have to carry alone — and a legal wrong that New York law allows your family to address. Our Queens wrongful death lawyers have spent more than three decades standing beside families in exactly this situation, fighting for accountability and the financial recovery that helps surviving loved ones rebuild their lives.
What New York's Wrongful Death Law Actually Covers
A wrongful death claim in New York is governed by EPTL §5-4.1, which allows the personal representative of the deceased's estate to bring a lawsuit against the party whose negligence or wrongful act caused the death. This is a separate legal action from any criminal case that may be pending — and it is the family's primary legal tool for recovering damages.
Who Can Bring a Wrongful Death Claim
Only the personal representative of the deceased's estate — typically named in a will or appointed by the court — has legal standing to file the claim. The damages recovered, however, are distributed to the decedent's distributees: surviving spouse, children, and in some cases parents or other dependents. If no estate has been opened, we can help your family understand the steps required before the claim can move forward.
The Deadline That Cannot Be Missed
Under EPTL §5-4.1, a wrongful death action in New York must be filed within two years of the date of death. That deadline is firm. Certain exceptions exist — for example, when a municipality or public authority is involved, a Notice of Claim may be required within 90 days of the death before any lawsuit can be filed. Missing either deadline permanently bars the family from recovering. Contact us as soon as possible so we can identify every deadline that applies to your case.
What Damages Your Family May Recover
New York's wrongful death statute focuses on economic loss to the surviving distributees rather than the decedent's own pain and suffering. Recoverable damages typically include:
- Lost financial support the deceased would have provided over their expected working life
- Lost services, such as childcare, household contributions, and guidance
- Medical and hospital expenses incurred before death as a result of the injury
- Funeral and burial expenses
- Loss of parental guidance for surviving minor children
A separate survival action, brought simultaneously, may recover conscious pain and suffering the decedent experienced between the injury and death. We evaluate both claims together to pursue the full measure of what your family is owed.
Fatal Construction Accidents and Labor Law Claims
Construction fatalities are among the most legally complex wrongful death cases in New York — and among the most significant in potential value. When a worker dies on a job site, New York Labor Law §240 and §241(6) impose strict or near-strict liability on property owners and general contractors, regardless of how the accident happened. If your family member was working on a scaffold, ladder, or elevated surface when they were killed, those statutes likely apply. We handle construction wrongful death cases regularly and understand the interplay between the Labor Law claims, workers' compensation, and the wrongful death action.
Fatal Car, Truck, and Pedestrian Accidents
Motor vehicle fatalities — whether caused by a drunk driver, a distracted motorist, a commercial truck operator, or a bus driver — give rise to wrongful death claims against the at-fault driver and, in many cases, their employer or insurer. When the vehicle involved is an MTA bus, NYC Transit vehicle, or other government-operated conveyance, a Notice of Claim must be filed within 90 days. We identify every potentially liable party, including employers, fleet owners, and municipalities, to make sure no source of recovery is overlooked.
Premises Liability Deaths
When a person dies because of a dangerous condition on someone else's property — a defective staircase, an unmarked hazard, inadequate security, or a building code violation — the property owner may be liable for wrongful death. These cases require prompt investigation, because property owners and their insurers move quickly to document the scene in ways that favor their defense. We act fast to preserve evidence, retain expert witnesses, and build the record your family's case will need.
Deaths Involving Municipalities and Public Authorities
When the party responsible for your family member's death is a city agency, the MTA, the New York City Housing Authority, or another government entity, the claim process is significantly different. A Notice of Claim must be served within 90 days of the death. Miss that window, and the lawsuit cannot proceed. We handle municipal wrongful death cases routinely and know how to move quickly without sacrificing thoroughness.
Why Families Choose The Paris Law Group After a Fatal Accident
Wrongful death cases require a firm that can actually take a case to trial if the insurance company refuses to pay what the family is owed. Many personal injury firms settle every case because they are not equipped for the courtroom. We are. Jason Paris has tried cases to verdict for more than 30 years, and our trial record is part of why insurers take our demands seriously at every stage of the process.
Every wrongful death file at our firm is staffed with multiple attorneys and two to three paralegals. Your family will never be handed off to a case manager who cannot answer your legal questions. We are available by phone, text, email, and video chat — including evenings and weekends — because we understand that grief does not keep business hours. We serve clients in English, Spanish, and Russian.
How a Wrongful Death Case Moves Forward
Understanding the process helps families make decisions clearly during an extraordinarily difficult time. Every case is different, but the path generally follows these stages.
Step 1 — Free Consultation and Case Evaluation
We meet with the family, review the circumstances of the death, and give you an honest assessment of the claim — including its strengths, its challenges, and the realistic range of what it may be worth. We do not inflate expectations. We also identify every applicable deadline immediately so nothing is missed while the family is still in the early stages of grief.
Step 2 — Investigation and Evidence Preservation
Fatal accident cases require fast, thorough investigation. We retain accident reconstruction experts, obtain surveillance footage before it is overwritten, secure police and medical examiner reports, and document the scene. In construction cases, we move to preserve job site records and OSHA filings. In vehicle cases, we subpoena black box data and driver logs. The earlier we are retained, the more evidence is available.
Step 3 — Estate and Standing Matters
If no estate has been opened for the deceased, we work with the family to identify the appropriate next steps, including the appointment of a personal representative. This is a prerequisite to filing the wrongful death action, and we guide families through it without unnecessary delay.
Step 4 — Filing the Claim and Litigation
Once the estate is in order and the investigation is complete, we file the wrongful death action and any related survival action. We handle all litigation — discovery, depositions, expert disclosures, and motion practice. We keep the family informed at every stage without overwhelming them with legal procedure.
Step 5 — Negotiation and Trial
Most wrongful death cases resolve through negotiated settlement, but only when the offer reflects the full value of the family's loss. We do not accept inadequate settlements because a trial is inconvenient. When an insurer refuses to pay fairly, we take the case to a jury. Our willingness to go to trial is not a threat — it is our standard practice, and defendants know it.
Serving Families Throughout Queens and the NYC Metro Area
The Paris Law Group represents wrongful death families across Queens — including Astoria, Long Island City, Flushing, Jamaica, Forest Hills, Jackson Heights, and Bayside — as well as Brooklyn, the Bronx, Manhattan, Staten Island, and Nassau County. If your family member was killed in an accident anywhere in the New York City metro area, we are ready to help.
More Answers
What Families Ask Us Most Often
Who is entitled to the money recovered in a New York wrongful death case?
The damages are distributed to the decedent's distributees under New York's intestacy laws — typically the surviving spouse, children, and in some cases parents. The personal representative of the estate brings the claim on their behalf, and the court oversees the distribution of any recovery.What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for their own economic losses — lost support, lost services, and funeral expenses. A survival action compensates the estate for what the deceased personally suffered between the injury and death, including conscious pain and suffering and lost earnings during that period. Both are typically filed together.How long does a wrongful death case take to resolve?
Most cases resolve within one to three years, depending on the complexity of the liability issues, the number of defendants, and whether the case goes to trial. We keep families informed throughout and will not rush a settlement to close a file — we move at the pace that produces the best outcome for your family.Can we still bring a wrongful death claim if the deceased was partly at fault?
Yes. New York follows a pure comparative fault rule, which means your family's recovery is reduced by the percentage of fault attributed to the deceased — but it is not eliminated. Even if the decedent bore some responsibility for the accident, the family may still recover a substantial portion of the damages.What if the person who caused the death was a government employee or agency?
Government defendants — including city agencies, the MTA, and NYCHA — require a Notice of Claim filed within 90 days of the death. This is a strict prerequisite to any lawsuit. If you believe a government entity was involved, contact us immediately so we can meet that deadline.Does it cost anything to hire The Paris Law Group for a wrongful death case?
There is no upfront cost. We handle wrongful death cases on a contingency fee basis, which means we are paid only if we recover compensation for your family. Your initial consultation is free, and you owe nothing unless we win.
Frequently Asked Questions About Wrongful Death Claims in New York
The questions below address what families most commonly ask us when they first reach out. If your situation raises something not covered here, call, text, or email us — we are available around the clock and will give you a straight answer at no charge.