Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Who can file a lawsuit on behalf of a deceased person in New York?
Under NY EPTL §5-4.1, only the personal representative (executor or administrator) of the deceased person’s estate has legal standing to file a wrongful death action in New York. Family members such as a spouse, children, or parents may be the ultimate beneficiaries, but the lawsuit must be initiated by the estate’s appointed representative.
What is the difference between a wrongful death claim and a survival action in NY?
A wrongful death claim under NY EPTL §5-4.1 compensates surviving family members for their losses caused by the death, such as lost financial support and grief. A survival action under NY EPTL §11-3.2 allows the estate to pursue damages the deceased could have claimed had they survived, including pain and suffering experienced before death and lost earnings up to the time of death.
What is the statute of limitations for filing a lawsuit on behalf of a deceased person in New York?
New York imposes a two-year statute of limitations on wrongful death claims under EPTL §5-4.1, measured from the date of death. Survival actions generally follow the underlying tort’s deadline but can be tolled from the date of death until an estate representative is appointed. Missing these deadlines typically bars any recovery, so prompt legal action is critical.
What damages can be recovered in a lawsuit filed on behalf of a deceased person in NY?
In a New York wrongful death action, recoverable damages include the deceased’s lost future earnings and financial contributions to their family, funeral and burial expenses, and the loss of parental or spousal guidance. Through a survival action, the estate may also recover compensation for the conscious pain and suffering the deceased endured before death, as well as medical expenses incurred prior to death.