Losing a family member to another party's negligence, in a car crash on the LIE, a preventable hospital error at a Nassau County facility, or a construction accident in New York City, leaves families facing grief and sudden financial hardship at the same time. New York's wrongful-death statute creates a distinct legal framework that differs meaningfully from Florida and most other states, and the deadline to act is strict.

Why Gold & Gold in New York

Jonathan E. Gold and the Melville team handle wrongful-death claims throughout Nassau and Suffolk counties and into New York City, working with forensic economists, medical experts, and grief counselors to document the full scope of a family's loss. Our insurance-defense background means we know precisely what carriers look for when evaluating these claims, and how to counter their arguments.

New York courts, deadlines & rules

New York's wrongful-death statute (EPTL 5-4.1) imposes a 2-year statute of limitations running from the date of death, not the date of the underlying negligence. Only the personal representative (executor or administrator) of the estate may bring the action, and the damages recovered belong to the distributees (surviving spouse, children, parents) in proportion to their pecuniary loss. Unlike Florida, which allows recovery for survivor grief and mental anguish, New York limits wrongful-death damages primarily to pecuniary loss, lost financial support, lost services, and funeral expenses, though a separate survival action by the estate can recover conscious pain and suffering the decedent experienced before death. This two-track structure (wrongful-death + survival) is a critical strategic distinction. Cases are venued in the Supreme Court of Nassau or Suffolk County for Long Island deaths, or the appropriate New York City county for city deaths.

Common wrongful death cases we see in New York

  • Fatal multi-vehicle accidents on the Long Island Expressway and connecting highways
  • Hospital deaths caused by misdiagnosis or post-operative negligence at Long Island health systems
  • Pedestrian and cyclist fatalities in Nassau and Suffolk County road intersections
  • Construction fatalities in New York City and on Long Island job sites
  • Drowning deaths at private pools, camps, and waterfront facilities
FAQ

Frequently Asked Questions

Who can file a wrongful-death lawsuit in New York?
Only the personal representative of the decedent's estate, the executor named in the will or an administrator appointed by Surrogate's Court, may file the action. The lawsuit is brought on behalf of the estate's distributees. If no estate has been opened, that step must happen first, and it takes time. Do not wait.
Can our family recover for emotional suffering in a New York wrongful-death case?
The wrongful-death cause of action under EPTL 5-4.1 is limited to the distributees' pecuniary losses, essentially the financial contributions the decedent would have made over a lifetime. However, a companion survival action can recover for the conscious pain and suffering the decedent endured between the negligent act and death. Together, the two claims capture the broadest possible recovery available under New York law.
The accident happened in Nassau County but the defendant lives in New York City. Where do we file?
Venue in New York Supreme Court may be placed in any county where the defendant resides or does business, or where the cause of action arose. We analyze which venue is most advantageous for your family and file accordingly.