Wrongful death lawyers for New Jersey and New York families

Losing a family member suddenly, because of a crash, a fall, a medical error or another preventable event, is one of the hardest things a person can go through. In the first weeks, most families are focused on the funeral, on each other and on simply getting through each day. Legal questions are the last thing anyone wants to think about.

Still, the law sets deadlines that keep running during that time. This page explains, in plain terms, how wrongful death claims work in New Jersey and New York, who brings them, what they cover and how the money is handled. It is general information. Every family’s situation is different, and a lawyer can answer questions about yours privately and without pressure.

What a wrongful death claim is

A wrongful death claim is a lawsuit brought when a person dies because of someone else’s wrongful act, neglect or fault. In New Jersey, the Wrongful Death Act allows a claim whenever the death was caused by conduct that would have allowed the person to sue had they survived.¹ New York’s law works the same way.⁸

Most wrongful death cases arise from the same events as other injury cases. Car, truck, motorcycle and pedestrian crashes, bus accidents, falls on unsafe property, defective products and medical malpractice are common examples. The difference is that the claim belongs to the family, through the estate’s representative, rather than to the person who was hurt.

Two kinds of claims usually travel together. The wrongful death claim compensates the family for what they have lost. The survival claim, explained below, compensates for what your loved one suffered before death.

Who brings the claim and who benefits in New Jersey

In New Jersey, the case may be brought by an administrator ad prosequendum or the estate’s administrator. If a will has been probated, the qualified executor or administrator with the will annexed brings it. A lawyer can help arrange the correct appointment.²¹⁶

Letters of administration ad prosequendum are usually issued by the Surrogate in the county where the person lived. If the person lived outside New Jersey, letters may be issued in the county where the fatal accident happened.⁷ The person entitled to serve is generally the person entitled to general administration of the estate, starting with a surviving spouse or domestic partner, and then other heirs (N.J.S.A. 3B:10-2).

The recovery is for the exclusive benefit of the people entitled to inherit the decedent’s personal property under New Jersey’s intestacy law, in the shares they would inherit. If there is both a surviving spouse and a child or other descendant, they share equally for this purpose. If any eligible family members were financially dependent on the person who died, the recovery goes to those dependents. A judge divides it fairly among them, considering their needs and circumstances.⁶

What damages are available in New Jersey

New Jersey’s statute allows the jury to award damages that are “fair and just” for the pecuniary injuries resulting from the death, together with hospital, medical and funeral expenses.⁴ “Pecuniary” means financial. That includes the income and benefits your loved one would have provided, and the value of household services such as childcare, cooking, home repairs and transportation.

The law does not allow damages for grief or emotional suffering in a wrongful death claim. But New Jersey’s Supreme Court made clear in Green v. Bittner that financial losses include more than a paycheck. In that case, parents lost their child. The Court held that a jury may award the value of the companionship and care the child likely would have provided as the parents grew older, and the advice and guidance that comes with it, measured by what comparable services would cost.⁵

The same reasoning applies when a child loses a parent’s guidance, or a spouse loses a partner’s counsel and care. Juries hear about the relationship, the family’s daily life and the help that is now gone.

The survival claim in New Jersey

The survival claim is brought by the estate on behalf of the person who died. New Jersey’s Survival Act allows executors, administrators and administrators ad prosequendum to recover the damages their loved one would have recovered if they had lived.⁷

That can include compensation for conscious pain and suffering between the injury and death, lost earnings during that time, and medical bills. When death results from the wrongful act, the estate may also recover reasonable funeral and burial expenses.⁷ Because the survival recovery belongs to the estate, it passes under the will or intestacy law and may be subject to the estate’s debts.

Wrongful death claims in New York

In New York, the action is brought by the personal representative of a person who is survived by “distributees,” the family members who would inherit under New York law.⁸ A personal representative is someone appointed by a court, usually the Surrogate’s Court in the county where your loved one lived, through letters testamentary (when there is a will) or letters of administration (when there is not).

The lawsuit generally must be filed within two years after the death. If a criminal action is started against the same defendant for the same event, the family has at least one year after the criminal case ends, even if the two years would otherwise have run out.⁸

Different rules apply when a New York city, county, town or other public corporation may be responsible. A notice of claim is generally required, and in a wrongful death case the 90 days to serve it run from the appointment of a representative of the estate. The lawsuit against a city, county, town, village, fire district or school district must then be filed within two years after the death.¹⁵ That is one more reason to have a representative appointed promptly. Our notice of claim guide explains the process.

Damages are “fair and just compensation for the pecuniary injuries” resulting from the death. The award also includes reasonable expenses of medical care and nursing related to the fatal injury, and funeral expenses paid by the distributees. Interest is added from the date of death.⁹ For deaths since September 1, 1982, punitive damages are available if they could have been recovered had the person lived.⁹

The money is distributed to the distributees in proportion to the financial losses each suffered, as determined by the court after a hearing. Before distribution, the representative may deduct the reasonable expenses of the action, the medical and funeral costs included in the award, and the representative’s commissions.¹⁰ When a New York wrongful death action is pending, the court handling it reviews the merits and the proposed amount, and either approves the settlement in writing or disapproves it.¹¹

The survival claim in New York

New York also preserves the injured person’s own claim after death. The personal representative may bring or continue it on behalf of the estate.¹² When the injury caused the death, the damages are limited to those that accrued before death, such as conscious pain and suffering, lost wages and medical bills.¹³ Because these damages depend on what your loved one actually experienced, evidence about the time between the injury and death matters a great deal.

The status of New York’s Grieving Families Act

New York’s wrongful death law dates to the 1840s and still limits recovery to financial losses. For years, lawmakers have tried to change that through a bill often called the Grieving Families Act.

The 2025 version, Senate Bill S4423 and Assembly Bill A6063, passed both houses. It would have allowed damages for grief and anguish, expanded the family members who can benefit, and lengthened the filing deadline from two years to three. Governor Hochul vetoed it on December 5, 2025 (Veto Memo 87).¹⁴

That was not the first veto. The Legislature’s own records show earlier versions passed both houses and were vetoed three times during the 2021 to 2024 sessions.¹⁴ As of this writing, the Grieving Families Act is not law. New York wrongful death damages remain limited to financial losses, and the deadline remains two years. Lawmakers may try again, so a lawyer should check the current status when your case is evaluated.

Estate, lien and tax questions

Wrongful death cases involve more paperwork than most injury cases, and the details affect how much reaches the family.

• Appointing a representative. Arrange the correct estate appointment promptly. In New Jersey, a qualified plaintiff who filed before appointment may be allowed to correct that problem and have the appointment relate back.¹⁶ If a deadline is close, speak with a lawyer immediately.
• Allocation. Money paid for the wrongful death claim and money paid for the survival claim are treated differently. Survival money goes to the estate and may be subject to its debts, while wrongful death money goes to the family members the statute names.⁶¹⁰
• Liens. Medicare, Medicaid, health plans and hospitals may claim repayment for medical care provided before death. Our guide to settlement liens explains how those claims work and how they are reduced.
• Court approval. In New York, the court where a wrongful death case is pending must review and approve a settlement in writing.¹¹
• Taxes. Families should speak with a tax professional about how any recovery is treated.

How Parra Klein handles wrongful death cases

We understand that families are grieving, and we try to take as much off your shoulders as we can. We explain each step, answer questions as often as you need, and keep you informed without overwhelming you.

On the legal side, we move quickly. We help the family arrange the appointment of an administrator ad prosequendum or personal representative, and we identify every deadline, including any 90-day notice of claim if a public entity was involved. We preserve evidence such as police reports, crash data, video, medical records and the autopsy, and we work with economists, physicians and accident reconstructionists when the facts call for it.

We work to document the full measure of what your family lost, including income, benefits, household services, and in New Jersey the companionship, advice and guidance the law recognizes. We pursue the survival claim for what your loved one went through. We deal with the insurance carriers, address liens and estate issues, and prepare the case for trial.

Arlene Parra and Juan Carlos Reyes are fluent in Spanish, and we serve families in Spanish from the first conversation. We meet families at our offices in Elmwood Park and Union City, New Jersey, and in Manhattan, and we offer remote consultations for relatives who live elsewhere. There is no attorney’s fee unless we recover money for your family.