Every potential claim turns on its own medical history, evidence, responsible parties, and deadlines. The points below are a starting place—not a substitute for advice about a particular case.
The estate’s representative brings the action
Under EPTL 5-4.1, the decedent’s duly appointed personal representative may maintain the wrongful-death claim for the benefit of eligible distributees. Family members do not ordinarily bring separate claims solely in their individual capacities without the required estate appointment.
Liability must still be established
The case must prove that the defendant would have been liable to the person had death not occurred and that the wrongful act, neglect, or default caused the death. The underlying conduct may involve medical malpractice, unsafe premises, a collision, a defective product, abuse, or neglect.
Wrongful death and conscious pain and suffering are distinct
A wrongful-death claim generally addresses losses suffered by distributees because of the death. A separate survival claim may address injuries experienced by the decedent before death, including conscious pain and suffering, when supported by the evidence.
Financial and family evidence matters
The evaluation may include lost financial support, lost parental guidance, household services, funeral expenses, medical expenses, and the relationship between the decedent and distributees. Tax, employment, benefit, and family-role evidence can be important.
The general deadline is two years from death
EPTL 5-4.1 generally requires a wrongful-death action to be commenced within two years after death, subject to limited statutory rules. Estate proceedings, government defendants, and notice requirements may create additional timing issues.
Related result
This article provides general information, not legal advice. Reading it or contacting Noah does not create an attorney-client relationship. Results depend on the facts and law applicable to each matter.