Wrongful death in New York
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Death
A person died.
2
Wrongful act
The death was caused by a wrongful act, neglect, or default that would have supported a claim by the decedent if they had lived.
3
Survivors
The claim is brought by a statutory beneficiary or personal representative, not just anyone who is sad about it.
4
Damages
The statute lists what can be recovered: typically loss of support, services, companionship. Punitive damages are jurisdiction-specific.
Burden of proof
Preponderance of the evidence. The underlying tort (often negligence) still has to be proven.
A New York fact pattern
An EPTL 5-4.1 action after a Manhattan construction hoist failure. Pecuniary loss to distributees is the statutory measure, not the full common-law pain-and-suffering of the survivors.
Statute of limitations
2 years
N.Y. EPTL 5-4.1
From death.
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