Wrongful Death Attorney Nassau County | NY Claims Guide

When a loved one dies because of another party's negligence or wrongful conduct, the loss is immediate and the legal deadlines begin running just as quickly. Every year, more than 800 people die in traffic collisions across New York State, an estimated 6,000-plus deaths are linked to medical malpractice, and dozens of construction workers in New York City alone lose their lives on the job. For families across Nassau County, Suffolk County, and the five boroughs, these are not abstract statistics. New York law provides a legal remedy through a wrongful death action, but that remedy is governed by strict, unforgiving deadlines and a damages framework that differs meaningfully from personal injury law. At Leitner Warywoda PLLC, our Plainview-based trial team — led by senior partner Brett Leitner, Esq., who has secured more than $250 million in client recoveries — has guided families throughout Nassau, Suffolk, Queens, Brooklyn, and the Bronx through this process.

What Is a Wrongful Death Claim Under New York Law?

New York's wrongful death statute, Estates, Powers and Trusts Law (EPTL) § 5-4.1, allows the personal representative of a deceased person's estate to bring a civil action against the party whose wrongful act, neglect, or default caused the death — provided the decedent could have brought a personal injury claim had they survived.

To succeed on a wrongful death claim in New York, a plaintiff must establish five elements:

1. A death occurred.

2. The death was caused by the defendant's negligence, wrongful act, or default.

3. The underlying conduct could have supported a personal injury action had the decedent lived.

4. The decedent is survived by distributees who have suffered pecuniary (financial) loss as a result of the death.

5. Damages resulting from that pecuniary loss can be calculated and proven.

Only the personal representative of the decedent's estate — someone holding Letters Testamentary or Letters of Administration issued by the Surrogate's Court — has legal standing to file suit.

Wrongful Death vs. Survival Actions: A Critical Distinction

New York law recognizes two separate causes of action following a fatal injury: the wrongful death action and the survival action.

Wrongful Death Action (EPTL § 5-4.1): This claim compensates the decedent's distributees for the pecuniary losses they personally suffered because of the death — lost financial support, lost services, and similar economic harm extending forward from the date of death.

Survival Action (EPTL § 11-3.3): This is a separate claim belonging to the decedent's estate. It seeks compensation for the decedent's own conscious pain and suffering, medical expenses, and any other damages the decedent personally sustained between the moment of injury and the moment of death.

Our firm pursues both causes of action together whenever the facts support it, as failing to plead both theories can leave significant compensation unclaimed.

Statute of Limitations and Notice of Claim Deadlines

New York enforces some of the strictest procedural deadlines in wrongful death litigation nationwide.

The Two-Year Deadline

Under EPTL § 5-4.1, a wrongful death action must be commenced within two years of the date of death — not the date of the underlying accident or injury. Courts have historically shown very little flexibility in extending this deadline.

The 90-Day Notice of Claim for Government Defendants

If the death was caused by a municipal or public entity — including Nassau County, Suffolk County, the Town of Hempstead, the MTA, the Long Island Rail Road, New York City, or NYCHA — a Notice of Claim must be served within 90 days under General Municipal Law § 50-e. Missing this deadline can permanently bar recovery against a government defendant.

Damages Available in a New York Wrongful Death Case

New York limits wrongful death recovery to pecuniary (economic) losses under EPTL § 5-4.3. Recoverable damages include:

• Loss of future earnings and income

• Loss of household services

• Loss of parental guidance, nurture, and education for surviving children

• Medical expenses incurred before death

• Funeral and burial expenses

• Loss of inheritance

New York imposes no statutory cap on wrongful death damages. Recent Long Island outcomes (2024–2026):

• Moderate liability cases: $500,000–$1.5 million

• Significant negligence cases: $1.5 million–$3.5 million

• Catastrophic or egregious negligence: $3.5 million–$10 million or more

• Breadwinners survived by young children: commonly $2 million–$8 million

• High earners ($200,000–$500,000+ annual income): commonly $5 million–$15 million or more

The Grieving Families Act: Pending Reform (Not Yet Law)

The Grieving Families Act would reform New York's wrongful death law by allowing recovery of non-economic damages (grief, anguish, loss of love and companionship), extending the statute of limitations to three years, and expanding the class of eligible claimants. As of July 2026, the Grieving Families Act has not been signed into law. It has been vetoed by Governor Hochul multiple times, including a fourth veto in December 2025. Families currently pursuing a wrongful death claim should not rely on the Act's proposed expanded damages or extended deadlines — the current two-year statute of limitations and pecuniary-only damages rule remain controlling law.

Steps to Take After a Wrongful Death

1. Obtain the death certificate and, where applicable, the police accident report or medical records.

2. Preserve evidence immediately — photographs, vehicle damage, surveillance footage, witness contact information.

3. Do not sign any settlement release or give a recorded statement before consulting an attorney.

4. Petition the Surrogate's Court for Letters of Administration or Letters Testamentary.

5. Identify whether a government entity may be liable — this triggers the 90-day Notice of Claim deadline.

6. Consult a wrongful death attorney immediately — do not wait for estate administration to conclude.

7. Track all financial losses connected to the death, including funeral costs, medical bills, and lost income.

8. Avoid public statements or social media posts about the incident.

How Leitner Warywoda PLLC Can Help Your Family

Leitner Warywoda PLLC, based in Plainview, New York, has recovered more than $250 million for injured clients and grieving families across Nassau County, Suffolk County, Queens, Brooklyn, the Bronx, and greater New York City. Senior partner Brett Leitner, Esq. and our trial team handle every stage of a wrongful death claim — from petitioning the Surrogate's Court, to meeting the 90-day Notice of Claim deadline against municipal defendants, to litigating full value at trial. We offer a free, no-obligation consultation to every family we speak with, and we handle wrongful death cases on a contingency-fee basis — meaning you owe no attorney's fees unless we recover compensation for your family.

Frequently Asked Questions

How long do I have to file a wrongful death lawsuit in New York?

Under EPTL § 5-4.1, a wrongful death lawsuit must generally be filed within two years of the date of death. If a government entity may be responsible, a Notice of Claim must also be served within 90 days under General Municipal Law § 50-e.

Who can file a wrongful death claim in New York?

Only the personal representative of the decedent's estate — appointed by the Surrogate's Court through Letters Testamentary or Letters of Administration — has legal standing to file.

What damages can my family recover in a New York wrongful death case?

New York limits recovery to pecuniary damages, including lost future earnings, lost household services, loss of parental guidance, medical expenses before death, funeral costs, and loss of inheritance. There is no cap on these damages.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates distributees for their own financial losses resulting from the death. A survival action, under EPTL § 11-3.3, compensates for the decedent's own conscious pain and suffering between injury and death.

Is the Grieving Families Act now law in New York?

No. As of July 2026, the Grieving Families Act has not been signed into law. It has been vetoed multiple times, most recently in December 2025.