Wrongful Death Lawyer New York | SRIS, P.C.
Wrongful Death Lawyer in New York County (Manhattan), NY — What Are Your Rights?
A wrongful death claim in New York County (Manhattan) is a civil action under NY Estates, Powers and Trusts Law (EPTL) § 5-4.1, allowing a decedent’s personal representative to seek damages for the family’s financial losses. The Law Offices Of SRIS, P.C. provides dedicated legal support for families handling this difficult process in Manhattan courts.
New York Wrongful Death Statute and Legal Definition
In New York, a wrongful death claim is governed by the Estates, Powers and Trusts Law (EPTL) Article 5. The action must be brought by the personal representative of the decedent’s estate on behalf of the surviving spouse, children, or other distributees. The law allows recovery for the “pecuniary injuries” resulting from the death, which includes the financial support the decedent would have provided, the value of lost services, and medical and funeral expenses. It is distinct from a survival action, which addresses the decedent’s own pain and suffering prior to death.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Official Legal Resources
For the full text of the law, refer to the NY Estates, Powers and Trusts Law § 5-4.1 (official New York State Senate site). Court procedures and forms are available through the New York County Supreme Court website.
Procedural Insights for a Manhattan Wrongful Death Case
Wrongful death lawsuits in Manhattan are filed in the New York County Supreme Court, which has unlimited monetary jurisdiction. The statute of limitations is generally two years from the date of death, but specific notice requirements apply if a municipality or public authority is involved. The personal representative must be officially appointed by the Surrogate’s Court before filing the lawsuit.
- Consult with a wrongful death attorney to evaluate the viability of your claim and identify all potentially liable parties.
- Have a personal representative appointed by the Surrogate’s Court to act on behalf of the estate.
- File a summons and complaint in the New York County Supreme Court before the two-year statute of limitations expires.
- Engage in the discovery process, exchanging evidence and taking depositions to build your case.
- Attempt settlement negotiations with the defendants and their insurance carriers.
- Proceed to trial if a fair settlement cannot be reached to have a jury determine liability and damages.
Potential Damages in a New York Wrongful Death Case
In New York County (Manhattan), a wrongful death claim seeks compensation for the financial harm caused to the decedent’s family, as defined by statute.
| Type of Damage | Description | Key Consideration |
|---|---|---|
| Pecuniary Loss | The financial support and services the decedent would have provided to the family. | Calculated based on life expectancy, earnings, and contributions. |
| Medical & Funeral Expenses | Reasonable costs incurred due to the fatal injury and burial. | Must be documented with bills and receipts. |
| Pre-Death Pain & Suffering | Compensation for the decedent’s conscious pain and suffering prior to death (via a survival action). | Requires evidence of the decedent’s awareness. |
| Loss of Nurture & Guidance | For minor children, the loss of parental care, education, and moral guidance. | Often requires experienced testimony to quantify. |
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience and Authority
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine over 120 years of legal experience. We approach each wrongful death case with the understanding that we are advocating for a family during a period of significant loss. Our goal is to handle the legal burdens so our clients can focus on healing.
Seeking Justice for Your Family
Our firm is committed to providing assertive representation for families who have lost a loved one due to another’s negligence. We work to secure compensation that addresses the financial impact of the loss, from lost income and benefits to funeral costs and the value of lost care and companionship.
Results may vary. Prior results do not aim for a similar outcome.
Wrongful Death Lawyer Near New York County (Manhattan)
Our New York location serves clients at New York County (Manhattan) courts, accessible via FDR Drive, West Side Hwy, and all subway lines. We represent families throughout Manhattan, including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (838) 292-0003
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Wrongful Death Lawyer New York — Frequently Asked Questions
Who can file a wrongful death lawsuit in New York?
The personal representative of the decedent’s estate files the lawsuit. This person is typically named in the will or appointed by the Surrogate’s Court. The recovery benefits the surviving spouse, children, or other distributees as defined by law.
What is the time limit to file a wrongful death claim in Manhattan?
It is two years from the date of death, per NY EPTL § 5-4.1. This is a strict deadline. If the claim is against a city or municipal entity, a Notice of Claim must be filed within 90 days of death. Missing these deadlines can permanently bar your claim.
What damages can be recovered in a New York wrongful death case?
Damages are limited to the “pecuniary injuries” suffered by the distributees. This includes loss of financial support, inheritance, and the value of services the decedent provided (like childcare or home maintenance). Medical and funeral expenses are also recoverable. New York law does not permit recovery for grief or emotional suffering of the family.
Can I sue for my loved one’s pain and suffering before they died?
Yes, through a separate but related “survival action.” This claim belongs to the estate and seeks compensation for the decedent’s own conscious pain, suffering, and medical expenses incurred between the injury and death. It is often pursued alongside the wrongful death claim.
How is a wrongful death lawyer paid?
Wrongful death attorneys typically work on a contingency fee basis. This means the attorney’s fee is a percentage of the financial recovery obtained through settlement or trial. If there is no recovery, you generally owe no attorney’s fee. Costs for expenses like filing fees and experienced witnesses are usually advanced by the firm and repaid from the recovery.
Related Legal Information
If you are dealing with other legal matters in Manhattan, our firm can assist. For business disputes, see our Business Lawyer New York County (Manhattan) page. For other injury matters, visit our New York Personal Injury Lawyer hub. For representation in nearby areas, consider our Personal Injury Lawyer Albany County page.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your wrongful death case in New York.