Traffic crashes killed 209 people in New York City in 2025 [1]. Ten people died in construction incidents [2], and the NYPD recorded 309 murders [3]. When a death like one of these is caused by someone else’s negligence, New York law lets the family bring a wrongful death claim.
The rules for that claim are narrow. Only one person can file it. The family can’t recover for grief, and the main filing deadline is two years from the death. Each rule is laid out below with the statute behind it. Eric Richman, a Manhattan personal injury attorney, has represented families after fatal traffic crashes and violent crime in poorly secured buildings.
Deaths in New York City by Cause, 2025
| Cause of Death | New York City, 2025 | Manhattan, 2025 |
| Traffic crashes (all road users) | 209 | 39 |
| Pedestrians killed in traffic crashes | 112 | 24 |
| Construction incidents at DOB-regulated sites | 10 | 2 |
Sources: NYC Department of Transportation, Bicycle Crash Data 2025 [1]; NYC Department of Buildings, Construction Safety Report 2025 [2]; NYPD CompStat citywide report [3].
Pedestrians made up more than half of the city’s traffic deaths in 2025 [1]. In Manhattan, they were 24 of 39 [1]. Murders, at 309 citywide, outnumbered traffic deaths [3].
Who Can File
A family member can’t sue in their own name. New York gives the claim to the personal representative of the person who died [4].
| Role | Who It Is | What They Do |
| Personal representative | The executor named in a will, or an administrator appointed by the Surrogate’s Court | Files the lawsuit, makes decisions in the case and receives any recovery |
| Distributees | Close family members who inherit under New York law, such as a spouse, children or parents | Share the recovery based on the financial loss each suffered |
| The court | The court hearing the case, or the Surrogate’s Court | Holds a hearing and sets each family member’s share |
Sources: Estates, Powers and Trusts Law §5-4.1 [4]; Estates, Powers and Trusts Law §5-4.4 [5].
If the person left a will, the executor usually brings the claim. Without a will, someone has to petition the Surrogate’s Court for appointment first. That step takes time, and the two-year clock keeps running while it happens [4].
What You Can Recover
| Type of Loss | Recoverable? |
| Lost financial support and services | Yes |
| Funeral expenses | Yes |
| Medical and nursing costs before death | Yes |
| Interest from the date of death | Yes |
| Punitive damages | Yes, if the person could have recovered them |
| Grief and loss of companionship | No |
Sources: Estates, Powers and Trusts Law §5-4.3 [6]; Finger Lakes 1 [7].
New York measures wrongful death damages by “pecuniary injuries,” meaning the financial loss to the family [6]. A parent’s lost wages count. A family’s grief does not.
The legislature has tried to change that. Governor Hochul vetoed the Grieving Families Act for the fourth time in December 2025, citing concerns about insurance costs [7]. The statute still limits damages to financial loss [6].
A second claim often runs alongside the first. The estate can pursue the injury claim the person had before dying [8]. That claim covers harms the person suffered while still alive.
The Two-Year Deadline and Its Exceptions
| Situation | Deadline |
| Claim against a private person or company | 2 years from the date of death |
| Criminal case brought against the same defendant | At least 1 year after the criminal case ends, even if the 2 years have passed |
| Claim against the City or another public body | Notice of claim within 90 days of the representative’s appointment |
| Lawsuit against the City or another public body | 2 years from the date of death |
Sources: Estates, Powers and Trusts Law §5-4.1 [4]; General Municipal Law §50-e [9]; General Municipal Law §50-i [10].
The criminal-case rule matters most in deaths caused by violent crime or a drunk driver. It gives the family at least a year after the prosecution ends to file [4].
Claims against the City carry two deadlines at once. The 90-day notice runs from the date a representative is appointed [9]. The lawsuit itself still has to be filed within two years of the death [10].
How These Cases Are Built
Eric Richman’s wrongful death practice covers deaths on the street, on the job and at home. In one case, he recovered $550,000 for the family of a mother struck and killed by a truck. In another, the family of a tenant murdered in her New York City apartment recovered $1.5 million after safety experts showed the building had drawn crime for years.
Construction deaths add another layer. The family may be owed workers’ compensation death benefits and also have a wrongful death claim against the property owner or contractor. Richman Law works with the workers’ compensation firm Pasternack Tilker so both claims can move forward together.
Families comparing wrongful death lawyers in Manhattan can start by asking who will actually handle the case. At Eric Richman’s boutique firm, he does, and families have his cell phone number from the first call. Spanish-speaking families can work through an in-house interpreter.
If someone else’s negligence cost you a family member and you would like to discuss your case, contact Eric Richman at (212) 688-3965 for a free consultation.
Frequently Asked Questions
Who is allowed to bring a wrongful death case in New York?
Only the personal representative of the person who died can file. If there’s a will, that’s normally the executor. If there isn’t, a family member first asks the Surrogate’s Court to appoint an administrator.
Can a family recover for grief in a New York wrongful death case?
Not under current New York law. A family can recover lost income and support, funeral costs and medical bills, but not grief. The Grieving Families Act would have changed that, and Governor Hochul vetoed it for a fourth time in December 2025.
What’s the deadline for a wrongful death lawsuit in New York?
The general deadline is two years from the date of death. A claim against the City also requires a notice of claim within 90 days of the representative’s appointment.
Sources
1. NYC Department of Transportation. (2026). Bicycle crash data: 2025. https://www.nyc.gov/html/dot/downloads/pdf/bicycle-crash-data-report.pdf
2. NYC Department of Buildings. (2026). Construction Safety Report 2025. https://www.nyc.gov/assets/buildings/pdf/csr2025.pdf
3. NYPD CompStat Unit. (2026). CompStat citywide report. https://www.nyc.gov/assets/nypd/downloads/pdf/crime_statistics/cs-en-us-city.pdf
4. New York State Senate. Estates, Powers and Trusts Law §5-4.1: Action by personal representative for wrongful act, neglect or default causing death of decedent. https://www.nysenate.gov/legislation/laws/EPT/5-4.1
5. New York State Senate. Estates, Powers and Trusts Law §5-4.4: Distribution of damages recovered. https://www.nysenate.gov/legislation/laws/EPT/5-4.4
6. New York State Senate. Estates, Powers and Trusts Law §5-4.3: Amount of recovery. https://nysenate.gov/legislation/laws/EPT/5-4.3
7. Finger Lakes 1. (2025, December 9). Hochul defends fourth veto of Grieving Families Act. https://www.fingerlakes1.com/2025/12/09/hochul-defends-fourth-veto-of-grieving-families-act/
8. New York State Senate. Estates, Powers and Trusts Law §11-3.2: Action by personal representative for injury to person or property. https://nysenate.gov/legislation/laws/EPT/11-3.2
9. New York State Senate. General Municipal Law §50-e: Notice of claim. https://www.nysenate.gov/legislation/laws/GMU/50-E
10. General Municipal Law §50-i: Presentation of tort claims; commencement of actions. NewYork.Public.Law. https://newyork.public.law/laws/n.y._general_municipal_law_section_50-i
