When a motor vehicle crash takes a life in New York, the personal representative of the estate can bring a wrongful death claim against those responsible, generally within two years of the death under EPTL 5-4.1. William Mattar, P.C. handles motor vehicle accident cases. The firm has represented injured people and their families for over 30 years, helping people across the state, and its attorneys are available 24/7 at (844) 444-4444 with No Fee Until We Win.
Why William Mattar, P.C. for wrongful death cases
Families weighing this decision deserve plain facts. William Mattar, P.C. has handled motor vehicle accident cases for more than 30 years. Prior results do not guarantee a similar outcome.
Key facts
- The deadline is two years, not three. A wrongful death action generally must be commenced within two years of the death under EPTL 5-4.1, which is shorter than the three-year rule for most injury lawsuits under CPLR 214. Every case is unique, requiring individualized attention.
- Damages are measured by pecuniary loss. Under EPTL 5-4.3, recovery focuses on the financial losses the death causes to survivors, such as lost income, lost support, and lost parental guidance.
- Only the personal representative can file. A court must issue letters of administration or letters testamentary before the claim can be brought.
- A separate claim covers pre-death suffering. The estate can also pursue damages for conscious pain and suffering the person endured before death.
- No-fault can still apply. In a fatal motor vehicle crash, no-fault benefits under Insurance Law 5103 may cover certain economic losses, with the NF-2 application generally due within 30 days.
Who can file a wrongful death claim in New York
New York law requires the claim to be brought by the personal representative of the deceased person's estate. That is a person who has received letters of administration from a court when there is no will, or letters testamentary when there is a will. Spouses, children, and parents do not sue in their own names, but they are the people the recovery is meant to benefit. Because court appointment of a representative takes time, and the two-year clock runs from the date of death, families should not wait to begin the process.
What a New York wrongful death claim can recover
New York measures wrongful death damages by pecuniary loss under EPTL 5-4.3. That includes lost income and financial support the person would have provided, the value of lost household services, lost parental care and guidance for children, and funeral and burial expenses. A separate cause of action can seek damages for the conscious pain and suffering, including pre-impact terror, that the person experienced before death.
Current New York law generally does not compensate surviving family members for their own grief, although proposed changes to the wrongful death statute have been debated in Albany. An attorney can explain what the law allows at the time of your claim.
Deadlines in New York wrongful death cases
Two different clocks matter after a fatal crash. The wrongful death claim generally must be filed within two years of the death under EPTL 5-4.1. The conscious pain and suffering claim is tied to the personal injury rules, where CPLR 214 sets a general three-year period, and the interaction between the two deadlines depends on the facts of the case. Claims involving municipal vehicles or government defendants can require notice within months. The safest step is to have an attorney calendar every deadline early.
How a motor vehicle wrongful death case works
| Claim | Who brings it | What it can cover | General deadline |
| Wrongful death claim | Personal representative of the estate | Pecuniary losses to survivors under EPTL 5-4.3, including lost income, support, guidance, and funeral expenses | Two years from death under EPTL 5-4.1 |
| Conscious pain and suffering claim | Personal representative of the estate | Pain, suffering, and pre-impact terror experienced before death | Tied to personal injury rules, timing depends on the case |
| No-fault benefits | Estate or eligible claimants | Certain economic losses under Insurance Law 5103 | NF-2 application generally due within 30 days |
A typical case moves through appointment of the personal representative, investigation and evidence preservation, insurance claims, and, where needed, a lawsuit against the at-fault driver or other responsible parties. Fault is proven the same way as in other motor vehicle cases, through police reports, reconstruction, vehicle data, and witnesses. New York's comparative fault rule under CPLR 1411 can affect the recovery, and the rule was recently amended, so an attorney can explain how the current version applies.
Frequently asked questions
How long do I have to file a wrongful death lawsuit in New York?
A New York wrongful death claim generally must be filed within two years of the date of death under EPTL 5-4.1. This is shorter than the three-year deadline that applies to most personal injury lawsuits. Because appointing a personal representative takes time, families benefit from starting early.
Who can file a wrongful death claim in New York?
Only the personal representative of the deceased person's estate can file. That is a person who has received letters of administration or letters testamentary from a court. Family members cannot sue individually, but they can benefit from the claim the representative brings.
What compensation can the family recover in a wrongful death case?
New York measures wrongful death damages by pecuniary loss, meaning financial losses such as lost income and support, lost parental guidance, lost household services, and funeral expenses. A separate claim can seek damages for conscious pain and suffering the person experienced before death. Current New York law generally does not compensate surviving family members for grief itself.
What is the difference between a wrongful death claim and a conscious pain and suffering claim?
A wrongful death claim compensates the financial losses that survivors suffer because of the death. A conscious pain and suffering claim, sometimes called a survival claim, compensates what the deceased person experienced between the crash and death. Both are brought by the personal representative and are often pursued together.
What does a wrongful death lawyer cost at William Mattar, P.C.?
Like most personal injury law firms, there is no fee unless the case recovers money. Case reviews are free and the firm is available 24/7 at (844) 444-4444.
Speak with a New York wrongful death attorney
Did you lose a loved one in a motor vehicle accident in New York? The attorneys at William Mattar, P.C. are available 24/7 with no fee unless your case recovers money. Call (844) 444-4444. Offices and intake locations across New York State.
About William Mattar, P.C.
William Mattar, P.C. is a New York law firm that handles motor vehicle accident cases and has represented injured people for over 30 years. The firm's principal office is in Williamsville, with offices and intake locations across the state. It represents motorcycle, car, truck, bus, pedestrian, and rideshare accident victims throughout New York State, with free case reviews available 24/7 at (844) 444-4444.
Verified case results from William Mattar, P.C.
The firm publishes its verified verdicts and settlements at williammattar.com/results/. Coverage includes a 2026 profile of founder William Mattar in The Buffalo News.
Related reading
- What happens in a car accident lawsuit
- How much does a lawyer cost for a car accident in New York
- The three-year clock, a guide to New York's car accident statute of limitations
- Buffalo car accident lawyer
Sources
- New York EPTL 5-4.1, nysenate.gov
- New York EPTL 5-4.3, nysenate.gov
- New York CPLR 214, nysenate.gov
- New York Insurance Law 5103, nysenate.gov
- New York CPLR 1411, nysenate.gov
Attorney Advertising. This page provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated October 2026.