New York EPTL § 5-4.3 limits wrongful death damages to pecuniary loss only — no grief, no sorrow, no loss of companionship. Pair the EPTL § 5-4.1 case with an EPTL § 11-3.2 survival action to capture pre-death pain and suffering.
New York is one of the most restrictive wrongful death damages states in the country. Under EPTL § 5-4.3, recovery is limited to pecuniary losses — loss of financial support, household services, parental guidance, and funeral expenses. Grief, sorrow, mental anguish, and loss of companionship are not recoverable in the wrongful death action itself. Capturing the decedent's pre-death pain and suffering requires a separate survival action under EPTL § 11-3.2 filed alongside the wrongful death claim.
New York's wrongful death statute is EPTL § 5-4.1, and the action must be filed by the personal representative of the decedent's estate within two years of the date of death. This is shorter than New York's three-year personal injury statute of limitations under CPLR § 214(5) — a critical distinction that catches families off guard. The clock runs from death, not from the underlying injury, but two years passes quickly when grieving families are also navigating estate administration. Letters of administration or letters testamentary need to be obtained from Surrogate's Court before the personal representative can file, and that process itself takes weeks or months.
Under EPTL § 5-4.3, New York wrongful death damages are limited to pecuniary loss only: loss of financial support the decedent would have provided, loss of household services, loss of parental guidance and nurture for surviving children, medical expenses incurred before death, and funeral expenses. Grief, sorrow, mental anguish, and loss of love and companionship are not recoverable in the wrongful death action itself. New York is one of the most restrictive damages states in the country — the proposed Grieving Families Act, which would have allowed non-economic damages, has been vetoed multiple times. Until reform passes, the pecuniary-loss-only rule is the law.
Because the wrongful death action is so restrictive on damages, local New York wrongful death attorneys file a parallel survival action under EPTL § 11-3.2 in almost every case. The survival action is brought by the estate for the decedent's own pre-death claims — most importantly, the decedent's conscious pain and suffering between the time of injury and the time of death. In a case where the decedent was conscious for hours or days after the underlying injury, survival action damages can substantially exceed the pecuniary-loss recovery in the wrongful death action. Coordinating the two actions is the central strategic question in every New York wrongful death case.
If the death involved a New York City, New York State, MTA, NYCHA, or school district vehicle or property, NY General Municipal Law § 50-e requires a formal notice of claim within 90 days, and the lawsuit itself must be filed within one year and 90 days under § 50-i. Missing the 90-day notice bars the entire case even though the main two-year SOL has not run. New York courts strictly enforce this deadline. Wrongful death cases involving city buses, sanitation trucks, NYPD vehicles, NYCHA properties, or city sidewalks need to reach a lawyer within days, not months.
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The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Only the personal representative of the decedent's estate has standing to file a wrongful death action in New York under EPTL § 5-4.1. Family members cannot file directly. The personal representative — the executor named in the will, or the administrator appointed by Surrogate's Court if there is no will — must obtain letters testamentary or letters of administration before filing. The recovery is then distributed to the statutory distributees (those who would inherit under intestacy) per EPTL Article 4.
Under EPTL § 5-4.3, New York limits wrongful death damages to pecuniary losses only: loss of financial support the decedent would have provided, loss of household services, loss of parental guidance and nurture for surviving children, pre-death medical expenses, and funeral expenses. Grief, sorrow, mental anguish, and loss of love and companionship are not recoverable in the wrongful death action itself — New York is one of the most restrictive damages states in the country. To capture additional categories of damages, a separate survival action under EPTL § 11-3.2 should be filed alongside the wrongful death claim.
They are two separate but parallel claims that should almost always be filed together in New York. The wrongful death action under EPTL § 5-4.1 compensates the surviving family for their pecuniary losses caused by the death — loss of support, loss of services, funeral expenses. The survival action under EPTL § 11-3.2 compensates the decedent's estate for the decedent's own claims, most importantly the conscious pain and suffering experienced between injury and death. In cases where the decedent survived for hours or days after the underlying event, survival action damages can substantially exceed wrongful death damages because of New York's pecuniary-loss-only rule.
Two years from the date of death under EPTL § 5-4.1. This is shorter than New York's three-year personal injury statute of limitations under CPLR § 214(5), which catches many families off guard — they assume the longer PI deadline applies. If the death involved a New York City, State, MTA, NYCHA, or school district employee or property, a 90-day notice of claim is also required under NY General Municipal Law § 50-e, and the lawsuit must be filed within one year and 90 days under § 50-i. Missing the 90-day notice forecloses the case entirely.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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