New York law
Wrongful Death Laws in New York.
New York's wrongful death statute permits recovery by the personal representative on behalf of distributees (spouse, children, parents). Damages are limited to PECUNIARY LOSSES — New York is one of the few states that does NOT allow recovery for loss of society, companionship, or mental anguish as wrongful-death damages (distinctive limitation). A separate Survival Action allows recovery of pre-death pain and suffering. The 2-year statute of limitations runs from the date of death. The Grieving Families Act — proposed legislation to expand wrongful-death damages — has been repeatedly vetoed.
Last verified: 2026-04-17
State law
Statute of Limitations
Wrongful death actions must be filed within 2 years of the date of death.
State law
Key New York Statutes
Action brought by the personal representative for the benefit of distributees. Damages limited to pecuniary losses (loss of financial support, services, inheritance). Loss of society, companionship, consortium, and grief NOT recoverable — a distinctive and defendant-friendly limitation.
Permits recovery for the decedent's pre-death conscious pain and suffering (if decedent was aware after injury and before death), medical expenses, and lost earnings between injury and death.
Proposed amendment to allow recovery of grief, anguish, and loss of society/companionship damages. Passed NY Legislature repeatedly but vetoed by Governor in 2022 and 2023. Current law remains limited to pecuniary losses.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New York.
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