Manhattan Wrongful Death Lawyers

Under EPTL 5-4.1, only the personal representative of the decedent's estate can bring a wrongful death action. Family members must first have someone appointed as executor (if there is a will) or administrator (if there is not) through New York County Surrogate's Court at 31 Chambers Street, Manhattan. Limited letters of administration for the sole purpose of prosecuting the wrongful death action can often be obtained faster than full letters testamentary.

Two years from the date of death under EPTL 5-4.1. This is separate from the underlying tort statute of limitations. If a NYC vehicle, MTA bus, NYCHA property, or NYC Health + Hospitals (Bellevue, Metropolitan, Harlem Hospital) was involved, a Notice of Claim under GML 50-e must be served on the NYC Comptroller within 90 days. The lawsuit must commence within 1 year and 90 days.

Manhattan recorded 11,902 motor vehicle crashes, 4,875 injury crashes, and 28 traffic fatalities in 2024. West 120th Street at Lenox Avenue in Harlem is the most dangerous obstructed intersection (9 KSI from 3 crashes since January 2022). Second Avenue at East 59th Street records approximately 150 crashes annually. Construction fatalities, medical malpractice deaths, and premises-liability deaths add hundreds of cases beyond traffic.

Under EPTL 5-4.3, wrongful death damages are limited to pecuniary loss: financial support to the decedent's spouse and children, household services, parental guidance for minor children, medical expenses from the final injury, and funeral expenses. A separate survival claim under EPTL 11-3.2 covers the decedent's own conscious pain and suffering between the tortious act and death. Combined Manhattan recoveries have reached eight figures in cases with substantial earning capacity, young dependents, or documented pre-death conscious pain.

New York County Surrogate's Court at 31 Chambers Street appoints the personal representative. New York County Supreme Court at 60 Centre Street handles the civil wrongful death action with unlimited jurisdiction. Appeals go to the Appellate Division, First Department (Manhattan and Bronx). For claims against NYC, NYCHA, MTA, or NYC Health + Hospitals, a 90-day Notice of Claim must be served on the NYC Comptroller at 1 Centre Street.

Proposed New York State legislation that would expand wrongful death damages to include grief, anguish, and loss of companionship, categories EPTL 5-4.3 currently excludes. The bill has passed the Legislature multiple times but been repeatedly vetoed. Until it becomes law, New York wrongful death remains limited to pecuniary loss. We track the legislative status closely because passage would substantially increase the value of pending cases.

Traffic fatalities on Manhattan corridors and bridges. Pedestrian and cyclist fatalities (NYC's most dangerous category for non-vehicle road users). Medical malpractice deaths at NYU Langone, Mount Sinai, NewYork-Presbyterian, Bellevue, Lenox Hill, and Mount Sinai Beth Israel. Construction-site fatalities under Labor Law 240 and 241 across Manhattan's ongoing development boom. NYCHA and premises-liability deaths. MTA subway and platform deaths. Product liability deaths.

Preserve evidence: NYPD report, medical examiner case number, witness information. Do not give a recorded statement to any insurance carrier. Begin the New York County Surrogate's Court process to appoint a personal representative. Collect the decedent's earning records, tax returns, and dependent information. If a government vehicle, NYCHA property, or NYC hospital is involved, move on the 90-day Notice of Claim immediately.