Quick Summary:

• Who can file? In New York, a wrongful death claim must be filed by the court-appointed personal representative of the estate—not individual family members unless they serve in that role.
• Common damages: Economic losses such as medical bills, funeral expenses, lost income and benefits, and the value of parental guidance and support.
• Filing window: Most claims must be filed within two years of the date of death, though certain exceptions may apply.

Losing a loved one unexpectedly is heartbreaking, and the legal process that follows can feel overwhelming. At Stieglitz & Welch PLLC in White Plains, we help families throughout Westchester County understand their rights and take confident steps forward. This guide explains—in plain, compassionate language—how wrongful death claims work in New York and what to expect along the way.

What Is a Wrongful Death Claim?

A wrongful death claim arises when a person loses their life because of someone else’s negligence or wrongful conduct. These cases are often connected to serious accidents such as motor vehicle collisions, unsafe premises, medical negligence, construction incidents, or other preventable events. You can learn more about related injury claims on our Personal Injury page.

Who Can File a Wrongful Death Claim in New York?

Unlike many states, New York law requires that a wrongful death claim be filed by the decedent’s personal representative. This person is either named in the will or appointed by the Surrogate’s Court if there is no will. Family members—such as spouses, parents, or children—do not file directly unless they serve in that formal role.

The personal representative files the claim on behalf of the surviving family members who suffered financial loss due to the death.

For more details about how wrongful death claims work in New York, visit our dedicated page here: Wrongful Death.

What Damages Can Be Recovered?

New York allows families to recover economic losses resulting from their loved one’s passing. These may include:

• Medical bills related to the final injury or illness
• Funeral and burial costs
• Lost wages, benefits, and inheritance
• The economic value of parental guidance, nurturing, and support
• Conscious pain and suffering experienced by the decedent prior to passing (brought through a separate “survival action”)

It’s important to understand that New York currently does not permit recovery for emotional grief or loss of companionship. However, ongoing legislative proposals may change that in the future.

How the Probate Process Interacts with Wrongful Death Claims

Wrongful death cases in New York are closely tied to the probate or estate administration process. Before a claim can be filed, the family must secure the appointment of a personal representative—either an executor (if there is a will) or an administrator (if there is not).

Key intersections between probate and wrongful death cases include:

• Appointment delays: A wrongful death lawsuit generally cannot begin until the Surrogate’s Court appoints a representative, which means starting probate early is helpful.
• Estate vs. family recovery: Some damages (like conscious pain and suffering) belong to the estate ; others (like lost financial support) benefit surviving family members directly.
• Distribution of funds: Court approval may be required before settlement funds can be distributed.

Our team in White Plains works with families to manage both the legal claim and the estate administration so that everything proceeds smoothly.

The Importance of Early Evidence Preservation

Wrongful death claims often hinge on evidence that can fade or disappear quickly. Taking early steps helps protect the family’s rights. Critical preservation efforts may include:

• Securing accident reports from police, employers, or regulatory agencies
• Obtaining medical records related to the final injury
• Preserving physical evidence such as damaged vehicles or unsafe property conditions
• Collecting witness statements before memories fade
• Sending preservation letters to employers, property owners, or insurers instructing them not to delete videos, logs, or digital data

When families reach out soon after a loss, we can act quickly to gather and protect this essential evidence.

We’re Here for Westchester County Families

Stieglitz & Welch is proud to serve families throughout Westchester County from our centrally located office in White Plains. You can find our location details here: White Plains Office.

If you lost a loved one due to someone else’s negligence, you do not have to navigate the legal system alone. Our role is to support your family with clarity, compassion, and the strong advocacy you deserve.

Contact us today to discuss your options and learn how we can help you move forward: Contact Stieglitz & Welch.