Wrongful Death Lawsuits in New York

The personal representative (executor or administrator) of a person who left distributees (close family members entitled to inherit) brings the action. Damages are exclusively for the distributees and are divided in proportion to each one's financial (pecuniary) loss as determined by the court; when the decedent left a spouse and parents but no children, the parents also count as distributees.

Within two years after the death. If a criminal action is brought against the same defendant over the same event, the personal representative has at least one year after the criminal case ends. Claims against a city, county, town, village, fire district or school district for wrongful death must be filed within two years after the death.

No general statutory cap on damages in personal injury cases was found. In auto accident cases between covered persons, damages for non-economic loss are available only for a "serious injury," and basic economic loss covered by no-fault benefits cannot be recovered. Except in death cases, non-economic damages for a serious injury are capped at $100,000 when the injured person was at fault (but not barred under CPLR 1411) and at the time of the accident was driving an uninsured vehicle he or she was responsible for insuring (unless the coverage lapse was under 30 days), was driving while impaired and was convicted of it, or was driving in the commission of (or flight from) a felony and was convicted of that felony.