A Death Somebody Caused
Est. Powers & Trusts Law § 5-4.1 — the personal representative, for the distributees, within two years
In New York, the personal representative of a decedent who is survived by distributees may sue for a wrongful act, neglect or default that caused the death, against a person who would have been liable to the decedent had the decedent lived.
Two years from the death. The action must be started within two years after the decedent's death. Where a criminal action has been commenced against the same defendant over the same event, the personal representative has at least one year from the end of the criminal action.
Fair and just compensation for pecuniary injuries. The damages are what the jury, or the court, finds fair and just compensation for the pecuniary injuries the death caused to those for whom the action is brought, plus reasonable medical and funeral expenses paid by the distributees, with interest from the date of death. Punitive damages may be awarded where the decedent could have recovered them.
Who receives it. The recovery is exclusively for the decedent's distributees, divided in proportion to the pecuniary injuries each suffered after a hearing; where the decedent leaves a parent and a spouse but no children, the parents count as distributees.
| The question | The statute's answer |
|---|---|
| The questionWho files | The statute's answerThe personal representative, for the decedent's distributees |
| The questionWhat is compensated | The statute's answerPecuniary injuries to the distributees, plus medical and funeral expenses they paid |
| The questionHow long | The statute's answerTwo years after the death, or at least one year after a related criminal action ends |
The decedent's own surviving claim, the disqualification of a parent or spouse, and the tax evidence rule in malpractice cases are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed New York attorney.
Sources for this section (3)
- Est. Powers & Trusts Law § 5-4.1 — Action by personal representative for wrongful act, neglect or default causing death of decedent
- Est. Powers & Trusts Law § 5-4.3 — Amount of recovery
- Est. Powers & Trusts Law § 5-4.4 — Distribution of damages recovered
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.