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If your loved one died because of someone else’s negligence in Queens, you may have grounds for a wrongful death lawsuit. New York law allows surviving family members to recover compensation for financial losses when a death results from wrongful conduct. But the law also imposes strict limitations. You cannot recover for your own grief; only the personal representative of the estate can file the claim, and you face a two-year deadline in most cases. Understanding who can file, what damages are available, how wrongful death differs from a survival action, and what proof you need can help you make informed decisions about pursuing justice.
At K L Sanchez Law Office, P.C., Queens personal injury lawyer Keetick L. Sanchez has represented families throughout Queens and New York City in wrongful death cases involving car accidents, construction site fatalities, and medical negligence. Our New York wrongful death attorneys handle every aspect of your claim, from filing the lawsuit at Queens County Supreme Court to negotiating with insurance companies and, when necessary, taking the case to trial.
This guide explains what qualifies as wrongful death under New York law, who can file a lawsuit, what damages you can recover, how New York’s pecuniary loss standard affects your case, and the steps you must take to protect your family’s legal rights. Call K L Sanchez Law Office at (646) 701-7990 for a free consultation about your wrongful death case.
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I would HIGHLY RECOMMEND! I will give more than 5 stars if I could! They are really so helpful and knowledgable. The team always made sure our case was up to date, especially YENNY. She’s one of a kind! She’s always there when I need her! So polite and so kind. We are so grateful to Attorney Sanchez and her team for winning our case!!! Thank you so much K L Sanchez Law Office!
A wrongful death occurs when someone dies because of another party’s wrongful act, neglect, or default. Under New York Estates, Powers and Trusts Law (EPTL) Section 5-4.1, a wrongful death claim arises when the deceased person could have filed a personal injury lawsuit if they had survived. In other words, if negligence or intentional conduct caused injuries that led to death, the family has grounds for a wrongful death claim.
Wrongful death cases are civil lawsuits separate from any criminal prosecution. Even if criminal charges result in an acquittal or are never filed, your family can still pursue a wrongful death lawsuit. Civil cases require a lower standard of proof; preponderance of the evidence rather than proof beyond a reasonable doubt. This means you need a lower burden of proof, enough to prove that the accident “more than likely” caused your loved one’s death, to win the civil case.
Key Takeaway: A wrongful death claim in New York arises when someone dies due to another party’s negligence or wrongful conduct, and the deceased could have sued for personal injury if they had survived. These civil claims are separate from criminal cases and allow families to recover financial damages for their losses.
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The legal office of Lawyer K L Sánchez, provided us with an excellent service with very qualified personnel, Lawyer Sánchez is a very professional, very qualified and very responsible person, in the same way Ms. Yenny is a very professional and qualified person, they They show interest and concern for your case and do not rest until it is 100% resolved, which I certainly recommend. For my part you have my gratitude and thanks.
Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit in New York. This representative is typically named in the deceased’s will or appointed by Queens County Surrogate’s Court if no will exists. The personal representative files the lawsuit on behalf of the surviving family members who may receive compensation.
Wrongful death proceeds are for the decedent’s distributees (intestate heirs). This commonly includes:
If no personal representative has been appointed, one of the eligible family members must petition Queens County Surrogate’s Court for letters of administration. This process typically takes several weeks, and the lawsuit cannot proceed until the court formally appoints a representative. Keetick L. Sanchez can help guide families through the estate representative appointment process at Queens County Surrogate’s Court.
Key Takeaway: Only the personal representative of the deceased’s estate can file a wrongful death lawsuit in New York, but they do so on behalf of the decedent’s distributees (intestate heirs), who typically include the surviving spouse and/or children, or if none, other relatives under New York’s intestacy statute.
Keetick L. Sanchez is the founding attorney of K L Sanchez Law Office, P.C., and has represented personal injury and wrongful death clients throughout Queens and New York City for over a decade. She graduated from Touro College Jacob D. Fuchsberg Law School and is admitted to practice in New York and Texas. Ms. Sanchez was selected as a Super Lawyers “Rising Star” in 2022 for Personal Injury – Plaintiff, an honor awarded to only 2.5 percent of attorneys in their practice area.
Before establishing her firm in 2020, Ms. Sanchez worked as a trial litigation paralegal handling Labor Law claims, motor vehicle accidents, and slip-and-fall cases. She gained extensive litigation experience at a prominent NYC personal injury law firm, where she investigated and prosecuted hundreds of personal injury and wrongful death cases. Her background also includes internships at the Nassau County District Attorney’s Office and the International Refugee Assistance Project, providing her with valuable experience in criminal and immigration law.
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New York follows the “pecuniary loss” standard under EPTL Section 5-4.3, which limits wrongful death damages to financial losses. New York is among the small number of states that limit wrongful death damages primarily to pecuniary (financial) losses, rather than allowing broad damages for survivors’ grief or loss of companionship. The law compensates survivors only for measurable economic harm.
Economic damages include all financial losses the family suffers because of the death:
Courts calculate future lost earnings by considering the deceased’s age, health, occupation, earnings history, education, and career trajectory. Keetick L. Sanchez works with economic experts to calculate the full value of lost future earnings and benefits.
New York law does not allow families to recover for their own grief, emotional suffering, or loss of companionship in wrongful death cases. However, if the deceased survived for any period after the injury and experienced pain and suffering before death, those damages can be recovered through a survival action (discussed in the next section).
The Grieving Families Act has been vetoed multiple times by Governor Hochul (including 2023, 2024, and 2025), though similar proposals may be reintroduced in future sessions. As the law currently stands, New York limits recovery strictly to financial losses.
Punitive damages may be available in cases involving gross negligence, reckless disregard for safety, or intentional conduct. These damages punish the defendant and deter similar behavior, but they are awarded only in extreme circumstances.
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I would like to thank the KL Sánchez group and the lawyer Sanchez, for helping my mother and myself to fight the lawsuit in a car accident which turned out to be favorable to us due to the experience and the good work done. Likewise for Sonita Espinoza, who is the paralegal who assisted me in this almost 2-year process. I highly recommend this defense group for car accident cases, criminal defense, construction falls. Thank you very much and God bless you for your good work. Edwin Morazan.
ABOGADOS QUE HABLAN ESPAÑOL!
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Many families confuse wrongful death claims with survival actions. These are distinct legal claims that serve different purposes and compensate for different losses.
A wrongful death claim compensates survivors for losses they suffer because of the death. This includes lost financial support, loss of inheritance, and the value of services the deceased provided. Wrongful death damages belong to the family members, not the estate, and are shielded from creditors who may have claims against the deceased’s estate.
A survival action compensates the estate for losses the deceased suffered before death. If your loved one experienced pain, suffering, medical expenses, or lost wages between the time of injury and death, those damages belong to the estate. Survival action damages pass through the estate and may be subject to creditor claims.
Both claims can be filed together in the same lawsuit, which is common practice. The personal representative pursues both types of damages simultaneously. Our attorneys assess whether both claims apply to maximize your family’s recovery.
| Feature | Wrongful Death Claim | Survival Action |
|---|---|---|
| Who It Compensates | Surviving family members | The deceased's estate |
| What It Covers | Family's financial losses from the death | Victim's suffering and losses before death |
| Statute of Limitations | 2 years from date of death | Varies by claim type (usually 3 years) |
| Who Files | Personal representative of estate | Personal representative of the estate |
| Subject to Creditors | No (goes directly to family) | Yes (part of estate assets) |
| Damages Examples | Lost wages, loss of inheritance, value of services | Pain and suffering, medical bills, lost wages pre-death |
Key Takeaway: A wrongful death claim compensates the family for their financial losses, while a survival action compensates the estate for the victim’s pain and suffering before death. Both can be filed together, but wrongful death damages go directly to family members and are protected from estate creditors, whereas survival action damages pass through the estate.
Wrongful death claims arise from many different types of negligence and wrongful conduct. In Queens, common causes include:
Keetick L. Sanchez has represented families in wrongful death cases involving car accidents, construction site fatalities, and medical malpractice. Regardless of how your loved one died, if someone’s negligence or wrongful conduct caused the death, you have grounds to pursue compensation.
Key Takeaway: Wrongful death claims in Queens commonly arise from motor vehicle accidents, construction site incidents, medical malpractice, nursing home neglect, workplace accidents, and premises liability. Each case requires proving that negligence or wrongful conduct directly caused the death.
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I just recently had an awesome experience with the team at K L Sanchez law office. The lawyer, Kettick Sanchez, was very professional and knowledgeable throughout the whole process, her assistant Kelly was also great at communicating and helping me with any concerns I had. Would definitely recommend their services due to their high quality of work and passion!
To succeed in a wrongful death lawsuit, your attorney must prove four elements of negligence: duty, breach, causation, and damages.
Keetick L. Sanchez works with leading accident reconstruction experts and medical professionals to establish causation in complex wrongful death cases. Evidence typically includes:
Cases filed in Queens County Supreme Court proceed through discovery, where both sides exchange evidence and take depositions. Your attorney issues subpoenas to obtain records from hospitals, employers, government agencies, and other sources. This process can take months, but a thorough investigation strengthens your case for settlement or trial.
Key Takeaway: To prove wrongful death, your attorney must show the defendant owed a duty of care, breached that duty, directly caused the death, and that your family suffered measurable financial damages. This requires comprehensive evidence gathering, expert testimony, and often a lengthy investigation.
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I had a really good experience working with my lawyer Keetick Sanchez. She greatly helped me through a stressful time in my life and made the whole process go very smooth. Ms. Sanchez’s paralegal Sonia Espinoza was always available and took the time to answer all of my questions. Neither of them ever rushed me through anything, rather they provided me with thoughtful support and advice.
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New York follows “pure comparative negligence,” which means your family can still recover damages even if your loved one was partially at fault for the accident. However, the court reduces the damages by the percentage of fault assigned to the deceased.
For example, if the jury determines that the defendant was 75% at fault and your loved one was 25% at fault, and awards $1 million in damages, your family would receive $750,000 ($1 million reduced by 25%). This rule applies regardless of the deceased’s percentage of fault, even if your loved one was 80% responsible, you can still recover the remaining 20% from the other party.
This rule encourages a thorough investigation of all circumstances surrounding the death. Insurance companies often claim the deceased was partially at fault to reduce their liability. Our firm investigates all factors to minimize any claimed comparative fault and protect your family’s full recovery.
Wrongful death damages are recovered by the personal representative, but the proceeds are exclusively for the benefit of the decedent’s distributees (as determined under New York intestacy law). The court may conduct a hearing to apportion the recovery in proportion to the losses suffered by each distributee. Because wrongful death proceeds are for distributees rather than the estate, they are generally treated differently from survival-action proceeds, which are estate assets.
In New York, wrongful death proceeds are distributed to the decedent’s distributees (intestate heirs) and apportioned based on each distributee’s pecuniary loss (financial or monetary damages); the decedent’s will does not control how wrongful death proceeds are divided. Distributees typically include:
The court determines how much each distributee receives based on their individual financial losses from the death. For example, a surviving spouse who depended on the deceased’s income would receive compensation reflecting that lost support. Children might receive compensation for lost financial support, education funding, and inheritance they would have received. The distribution is not automatic; it requires assessment of each distributee’s actual pecuniary injuries.
An important distinction: wrongful death damages go directly to the distributees and are not considered part of the estate. This means creditors cannot reach these funds to satisfy the debts the deceased owed. In contrast, survival action damages do pass through the estate and may be subject to creditor claims.
If minors are among the distributees, the court must approve the settlement or verdict before distribution. The court may require that the minor’s share be placed in a trust or structured settlement to protect the child’s interests. If your case involves minor children, Keetick L. Sanchez will handle the court approval process to protect their interests.
Key Takeaway: Wrongful death proceeds in New York are distributed to the decedent’s distributees (intestate heirs) based on each person’s pecuniary losses, not according to the decedent’s will or automatic formulas. The court may hold a hearing to determine fair apportionment, and these proceeds are protected from estate creditors.
New York imposes strict time limits for filing wrongful death lawsuits. Missing these deadlines means losing your right to compensation entirely.
The general statute of limitations is two years from the date of death, not the date of injury. If your loved one died on March 15, 2024, you must file the lawsuit by March 15, 2026. This deadline is firm, and courts rarely grant extensions.
Important exceptions apply:
The sooner you act, the better. Evidence disappears, witnesses’ memories fade, and critical documents may be destroyed. Early consultation allows your attorney to preserve evidence, interview witnesses while their memories are fresh, and build the strongest possible case. Contact Keetick L. Sanchez in Queens immediately to ensure your case is filed within the strict deadlines.
Key Takeaway: You generally have two years from the date of death to file a wrongful death lawsuit in New York, but exceptions apply for medical malpractice, government entities, and criminal cases. Missing these deadlines permanently bars your claim, so consult an attorney immediately.
K L Sanchez Law Office, P.C. represents wrongful death clients throughout Queens and the greater New York City area. Keetick L. Sanchez represents wrongful death clients from our Jackson Heights office, conveniently located at 37-06 82nd Street, Suite 304.
We serve families in:
We also represent clients throughout Brooklyn, Manhattan, the Bronx, and Long Island. Our attorneys handle wrongful death cases filed in Queens County Supreme Court and other New York courts.
Losing a loved one to someone else’s negligence leaves families facing both emotional grief and financial hardship. Medical bills, funeral expenses, and lost income create immediate pressure while you are still processing your loss. You need an attorney who understands wrongful death law and will handle your case with compassion and skill.
Keetick L. Sanchez has represented Queens families in wrongful death cases for over a decade. At K L Sanchez Law Office, P.C., our wrongful death lawyers handle every aspect of your case, from filing claims at Queens County Supreme Court to negotiating with insurance companies and presenting your case at trial when necessary. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family.
Call K L Sanchez Law Office at (646) 701-7990 for a free consultation. Our Jackson Heights office serves families throughout Queens, and we are ready to help you seek justice for your loved one. Don’t wait; strict deadlines apply, and the sooner you act, the better we can protect your rights.
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Dealing with the aftermath of a car accident was tough, but having this Keetick by my side made all the difference. Her skill in the courtroom and compassion during my recovery period were more than I could have asked for. Truly the best in Queens.
Two years from the date of death. This deadline is strict, and missing it permanently bars your lawsuit. Exceptions apply for medical malpractice cases (2.5 years) and claims against government entities (90 days for Notice of Claim). Contact an attorney immediately to protect your rights.
Only the personal representative of the deceased’s estate can file. This is typically the executor named in the will or someone appointed by Queens County Surrogate’s Court. The representative files on behalf of eligible beneficiaries, including the surviving spouse, children, parents, and siblings in priority order. If no representative exists, a family member must petition the court for letters of administration first.
A wrongful death claim compensates surviving family members for their losses, including lost financial support and inheritance. A survival action compensates the estate for losses the deceased suffered before death, including pain and medical expenses. Wrongful death damages go directly to family members and are protected from creditors. Both claims are typically filed together.
Most cases take one to three years to resolve. Simple cases with clear liability may settle in 6 to 12 months. Cases that go to trial typically take two to four years from filing to verdict. The timeline depends on liability complexity, damages extent, and whether settlement negotiations succeed.
While not legally required, wrongful death cases involve complex procedures, strict deadlines, and substantial damages requiring expert testimony. Insurance companies have experienced attorneys defending these claims. Most wrongful death attorneys work on contingency, meaning you pay nothing unless they recover compensation, so there is no financial risk in hiring counsel.
Yes. New York follows pure comparative negligence, allowing recovery even if your loved one was partially at fault. Damages are reduced by the percentage of fault assigned to the deceased. For example, if your loved one was 30% at fault and damages total $1 million, you would recover $700,000.
Your attorney must establish four elements: the defendant owed a duty of care, breached that duty, the breach caused the death, and the family suffered damages. This requires gathering police reports, witness statements, medical records, and expert testimony. A thorough investigation is critical to building a strong case.
Critical evidence includes police reports, medical records, autopsy reports, death certificates, witness information, photographs of the accident scene, employment records, and tax returns. Your attorney will gather additional evidence through discovery, including depositions and subpoenas. Consult an attorney quickly to preserve perishable evidence like surveillance footage.
A family member must petition the Queens County Surrogate’s Court for letters of administration. The court typically appoints the closest surviving relative, prioritizing spouses, then adult children, then parents, then siblings. This process takes several weeks. Once appointed, the administrator can file the wrongful death lawsuit on behalf of the family.
The personal representative recovers damages, but proceeds go to the decedent’s distributees under New York intestacy law. The court may hold a hearing to apportion recovery based on each distributee’s pecuniary loss. The decedent’s will does not control wrongful death distribution. Distributees typically include the surviving spouse and children.
Most wrongful death cases settle before trial through negotiation with the insurance company. Settlement avoids the time, expense, and uncertainty of trial. If the insurer refuses fair compensation, your attorney may recommend trial, which typically adds one to two years but may result in larger recovery.
You may still have options. In car accidents, your uninsured/underinsured motorist coverage may provide compensation. You may also pursue the defendant’s personal assets, though collection can be difficult. Some defendants, like construction companies and hospitals, may have substantial assets. Your attorney will investigate all potential sources of recovery.
Yes. Wrongful death lawsuits are civil cases separate from criminal prosecutions. You can file even if criminal charges are pending, even if the case results in an acquittal, or even if no charges are filed. Civil cases require a lower burden of proof (preponderance of evidence rather than beyond a reasonable doubt).
Workers’ compensation provides death benefits to surviving dependents regardless of fault, but benefits are typically limited. New York’s exclusive remedy rule generally prevents suing the employer directly. However, you may file wrongful death claims against third parties whose negligence caused the death, such as equipment manufacturers or property owners.
