Losing a family member to someone else's negligence is devastating. New York's restrictive wrongful death laws can make the aftermath even harder. If you lost a loved one in Queens due to a fatal accident, medical error, or negligence, you need a wrongful death lawyer who knows the legal rules that apply. At The Orlow Firm, our Flushing office has served Queens families for over 40 years. We are ready to guide you through every step.
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What's in this video?
The attorneys at The Orlow Firm explain what constitutes a wrongful death lawsuit in New York, who can file one, and how the legal process works for grieving families.
New York's wrongful death statute is among the most restrictive in the country. Under EPTL 5-4.1, a wrongful death claim exists when a person dies because of someone else's wrongful act, neglect, or default. The personal representative of the deceased person's estate files the claim for the surviving family members, known as "distributees."
What makes New York unusual is how it limits damages. Under EPTL 5-4.3, wrongful death damages cover only "pecuniary injuries" -- meaning money losses. New York is one of only two states that bars surviving family members from recovering for emotional pain, grief, or loss of companionship. This rule hits hardest for children, stay-at-home parents, seniors, and the unemployed. It measures a person's worth by how much they earned.
The Grieving Families Act
The New York State Legislature has passed the Grieving Families Act with bipartisan majorities four separate times. Governor Hochul has vetoed it four times, most recently in December 2025. The Act would change New York's wrongful death law in three key ways. It would allow recovery for grief and loss of companionship. It would expand the list of eligible claimants to include domestic partners and stepchildren. And it would extend the statute of limitations from two years to three years. As of early 2026, the bill is expected to be reintroduced in the current session.
Steven S. Orlow, our Founder and former Counsel to the Queens County Executive, has seen firsthand how these laws affect real families. His government background and the firm's 40-plus years of practice mean we know how to get the best results under New York's strict rules.
Two Claims, Not One: Wrongful Death vs. Conscious Pain and Suffering
Most people don't realize that a fatal incident in New York creates two separate legal claims. Each has its own rules, its own beneficiaries, and its own damage math. A Queens wrongful death attorney can explain how these two claims work together for your family.
The Wrongful Death Claim
Filed under EPTL 5-4.1 by the personal representative of the estate for the distributees. This claim pays the surviving family for their money losses. The deadline to file is two years from the date of death. Damages are limited to pecuniary injuries.
The Conscious Pain and Suffering Claim
Filed under EPTL 11-3.2 as a survivorship action. This claim pays the estate for the deceased person's own physical and emotional suffering between injury and death. The deadline is three years from the injury or one year from death, whichever is later. Even if the person was conscious for only seconds before death, the claim for pre-impact terror may still be valid.
Why Both Claims Matter
If death is instant, the pain and suffering claim may not exist. That leaves only the wrongful death claim with its money-loss-only limit. When both claims are available, they give the family different paths to recovery. Wrongful death damages go to named beneficiaries. Pain and suffering damages go to the estate and are split per the will or intestacy rules. The court must approve the split under EPTL 5-4.6.
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Wrongful Death Claim vs. Conscious Pain and Suffering Claim:
| Feature | Wrongful Death Claim | Pain & Suffering Claim | |---------|---------------------|----------------------| | Legal Basis | EPTL 5-4.1 | EPTL 11-3.2 | | Filed By | Personal representative for distributees (family) | Personal representative for the estate | | Damages Cover | Pecuniary (money) losses only: lost income, benefits, funeral costs | Physical and emotional suffering of the deceased between injury and death | | Filing Deadline | 2 years from death | 3 years from injury or 1 year from death (whichever is later) | | Who Benefits | Named distributees (spouse, children, parents) | The estate (split per will or intestacy rules) | | If Death is Instant | Still available | May not be available |
Both claims should be pursued when available. Call (646) 647-3398 to discuss your case.
Our attorneys have decades of trial experience with this dual-claim strategy. This is where experienced legal help makes the biggest difference for Queens families.
Who Can File a Wrongful Death Claim in Queens
New York's rules about who can bring a wrongful death lawsuit are stricter than most states. Only the personal representative (executor or administrator) of the deceased person's estate can file. Individual family members cannot sue directly.
If the deceased left a will, the named executor files the claim. If there is no will, the court appoints an administrator. This is usually the surviving spouse, then next of kin. If the personal representative refuses to act, distributees can ask the court to appoint someone.
Under current New York law, the people who benefit from a wrongful death recovery are the surviving spouse, children, and parents. The law does not include domestic partners, stepchildren, siblings, or other close family members. The Grieving Families Act would expand this list if it becomes law.
If no estate has been opened, a wrongful death claim cannot move forward. Our attorneys can help your family start probate at Queens Surrogate's Court at 88-11 Sutphin Boulevard in Jamaica. Many families don't know this step is required before filing suit. Our bilingual staff (Se Habla Español) can help immigrant families who may be new to this process.
Common Causes of Wrongful Death in Queens
Wrongful death claims in Queens come from many types of incidents. The cause matters because each type has its own legal rules and filing deadlines. An experienced Queens wrongful death lawyer will know which rules apply to your case.
Motor Vehicle Accidents -- Traffic crashes are the leading cause of wrongful death in Queens. NYC DOT data shows Queens had 57 traffic deaths in 2025, down from 74 in 2024 and 78 in 2023. Queens and Brooklyn have the highest pedestrian death counts among all NYC boroughs. Queens Boulevard, once known as the "Boulevard of Death," has had Vision Zero redesigns but remains dangerous.
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Queens Traffic Fatalities (2023-2025):
- 2023: 78 deaths
- 2024: 74 deaths
- 2025: 57 deaths (down 27% from 2023)
Queens and Brooklyn have the highest pedestrian death counts among all NYC boroughs. Every death is a potential wrongful death claim.
Source: NYC Department of Transportation
Construction Accidents -- Queens has heavy construction activity, and fatal falls, shocks, and struck-by incidents happen far too often. New York Labor Law 240(1), the "Scaffold Law," holds property owners and general contractors strictly liable in fatal construction accidents. The family does not need to prove negligence in many scaffold or ladder fall cases.
construction accident?" loading="lazy" style="width:100%;height:100%;object-fit:cover;border-radius:0.5rem;"/>What's in this video?
The attorneys at The Orlow Firm discuss what families should know when a loved one dies in a construction accident, including the unique legal protections available under New York law.
Medical Malpractice -- Misdiagnosis, surgical errors, and medication errors at Queens hospitals can lead to wrongful death claims. This includes Queens Hospital Center, Elmhurst Hospital, Long Island Jewish Medical Center, and NewYork-Presbyterian Queens in Flushing. These cases have a different deadline: 2 years and 6 months under CPLR 214-a.
Premises Liability -- Fatal falls caused by building code violations, defective conditions, or poor maintenance give rise to wrongful death claims against property owners.
Nursing Home Neglect -- Falls, medication errors, and neglect leading to death in nursing facilities can support both wrongful death and conscious pain and suffering claims.
Defective Products -- Consumer products, machinery, and vehicle defects that cause fatal injuries trigger product liability claims.
Police Misconduct and Deaths in Custody -- Our firm has handled wrongful death cases involving deaths in government custody. We also handle Section 1983 civil rights claims.
Our Results in Serious and Fatal Injury Cases
Here are some of our results in serious and fatal injury cases:
$1,250,000 -- Wrongful death: a diabetic individual died after being denied insulin while in custody for 40 hours. This case demonstrates our experience with custodial death and police misconduct wrongful death claims.
$3,375,000 -- Construction worker fell 12 feet off a ladder, suffering neck, back, elbow, and shoulder injuries requiring surgery. While this client survived, this result reflects the type of construction incident that frequently results in fatal outcomes.
$2,875,000 -- A legally blind man fell 16 feet into an open elevator shaft, sustaining back and heel injuries. This premises liability case involved the kind of catastrophic fall that often leads to wrongful death.
$1,200,000 -- An 83-year-old pedestrian was struck and suffered multiple fractures. Pedestrian fatalities are a major wrongful death category in Queens, and the pecuniary-loss-only rule makes cases involving elderly individuals particularly challenging to value.
$2,850,000 -- A counselor was assaulted by an inmate at Rikers Island, suffering multiple injuries requiring surgeries. This negligent security case shows our experience with claims against government entities, which require the 90-day Notice of Claim.
Prior results do not guarantee a similar outcome.
Damages and Compensation in a Queens Wrongful Death Case
Knowing what damages you can claim is key. New York's money-loss-only rule makes wrongful death cases very different from other personal injury claims.
Wrongful Death Damages (EPTL 5-4.3)
- Lost income and future earnings -- often the largest part for wage earners
- Loss of benefits -- health insurance, pension, and retirement
- Medical expenses before death
- Funeral and burial costs
- Loss of parental guidance, nurture, and care -- for children, this is the one non-money element New York courts allow
- Loss of inheritance -- the money the deceased would have left behind
- Interest from date of death -- accrues at 9% per year under EPTL 5-4.3 and CPLR 5004
Conscious Pain and Suffering Damages
These are separate from wrongful death damages. They pay the estate for the deceased's own suffering between injury and death. They can be large when the person survived for some time.
Punitive Damages
Available since September 1, 1982, if punitive damages would have been allowed had the person survived.
What Current Law Does NOT Allow
Under New York's current rules, surviving family members cannot recover for emotional distress, grief, loss of companionship, or loss of consortium. The impact is real. When a child, a retiree, or a stay-at-home parent dies, damages may be lower because the law ties recovery to financial contribution. This is exactly why an experienced wrongful death attorney in Queens can make the difference. Our attorneys know how to get the most from loss-of-parental-guidance claims and other allowed categories.
Strict Filing Deadlines: Statutes of Limitations and Notice of Claim
Time limits in wrongful death cases are strict. Missing a deadline can forever bar your family's claim.
Standard Wrongful Death: Two years from the date of death under EPTL 5-4.1.
Conscious Pain and Suffering / Survivorship: Three years from the date of injury or one year from the date of death, whichever is later.
Medical Malpractice Wrongful Death: Two years and six months from the negligent act or end of treatment under CPLR 214-a.
Claims Against Government Entities (NYC, MTA, public hospitals, NYPD, NYCHA, public schools): You must file a Notice of Claim within 90 days of when the estate representative is appointed, not from the date of death (General Municipal Law 50-e). The lawsuit must then be filed within one year and 90 days. Courts may grant a late notice extension, but it is not guaranteed.
Claims Against New York State: Filed in the Court of Claims with separate procedures.
Tolling for Minor Beneficiaries: If the only beneficiary is a minor, the deadline may be paused until they turn 18 or a guardian is appointed.
Criminal Prosecution Pending: A one-year extension from the end of the criminal case may apply.
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Critical Filing Deadlines You Cannot Miss:
- 90 DAYS -- Notice of Claim: Required for claims against NYC, MTA, public hospitals, NYPD, NYCHA. Runs from estate representative appointment.
- 2 YEARS -- Wrongful Death (EPTL 5-4.1): Standard wrongful death statute of limitations. Measured from the date of death.
- 2.5 YEARS -- Medical Malpractice (CPLR 214-a): From the negligent act or end of treatment. Applies to hospital errors, misdiagnosis, surgical errors.
- 3 YEARS -- Pain & Suffering (EPTL 11-3.2): 3 years from injury OR 1 year from death, whichever is later. Survivorship action for the estate.
- 1 YEAR + 90 DAYS -- Government Entity Lawsuit: After the Notice of Claim is filed. Applies to lawsuits against NYC, MTA, public hospitals, NYPD, schools.
Missing any deadline can permanently bar your claim. Call (646) 647-3398 early to protect your rights.
The 90-day Notice of Claim deadline is a trap for grieving families. It can run out before families even know they have a claim against a government entity. Steven Orlow's work as former Counsel to the Queens County Executive gives our firm deep knowledge of government claims. Call (646) 647-3398 early to discuss your deadlines.
The Wrongful Death Claims Process in Queens
The legal process after a wrongful death can feel overwhelming. Our firm handles every stage so your family can focus on healing.
Free Consultation -- We review whether you have a wrongful death claim, identify all possible defendants, and explain the timeline. Call (646) 647-3398.
Estate Administration -- If no estate has been opened, we help start probate or administration in Queens Surrogate's Court. This must happen before the wrongful death lawsuit can be filed.
Investigation -- We gather police reports, accident reports, medical records, witness statements, and expert analysis to build the strongest case we can.
Identifying All Liable Parties -- In many wrongful death cases, more than one party shares blame. In a fatal construction accident, the property owner, general contractor, subcontractor, and equipment maker may all be liable.
Filing Claims -- We file the wrongful death action, the pain and suffering claim, and any Notice of Claim needed for government entities. No deadline gets missed.
Discovery and Litigation -- The formal process of sharing evidence, taking depositions, and filing pre-trial motions.
Settlement or Trial -- Most wrongful death cases settle. But our attorneys will take your case to trial if the insurance company won't offer fair compensation.
Court Approval of Settlement Allocation -- Under EPTL 5-4.6, the court must approve how the settlement is split among beneficiaries.
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The Wrongful Death Claims Process:
- Free Consultation -- Review claim, identify defendants, explain timeline
- Estate Administration -- Open probate at Queens Surrogate's Court if needed
- Investigation -- Police reports, medical records, expert analysis
- Identify All Liable Parties -- Multiple parties may share blame in fatal incidents
- File Claims -- Wrongful death, pain & suffering, Notice of Claim
- Discovery & Litigation -- Depositions, evidence exchange, pre-trial motions
- Settlement or Trial -- Most cases settle, but we go to trial if needed
- Court Approval -- Court approves how settlement is split among family
Most cases take 1 to 3 years. Complex cases with multiple defendants may take longer.
Start with a free consultation. Call (646) 647-3398.
Most cases take one to three years. Complex cases with medical malpractice or many defendants can take longer.
What's in this video?
Adam Orlow explains how The Orlow Firm's family structure means a senior partner personally handles your case from start to finish, rather than handing it off to junior associates.
At The Orlow Firm, you work directly with partners Steven, Brian, and Adam Orlow. Adam Orlow, Managing Partner and former President of the Queens County Bar Association (2022-2023), brings both legal skill and deep community ties to every case.
Queens-Specific Wrongful Death Resources
Our Queens roots run deeper than any competitor. The Orlow Firm has kept its main office at 71-18 Main Street in Queens since 1982.
Queens Surrogate's Court -- Located at 88-11 Sutphin Boulevard, Jamaica, NY 11435. This is where estate administration must be filed before a wrongful death lawsuit can begin.
Queens Supreme Court -- Civil wrongful death lawsuits are filed here.
Queens County District Attorney's Office -- If the death involved criminal conduct, parallel criminal proceedings may be handled here.
Major Queens Hospitals and Trauma Centers -- Queens Hospital Center (Jamaica), Elmhurst Hospital, Long Island Jewish Medical Center, and NewYork-Presbyterian Queens (Flushing). These are key for getting medical records and for medical malpractice wrongful death claims.
Despite Vision Zero improvements, Queens recorded 57 traffic fatalities in 2025. Motor vehicle wrongful death claims affect all parts of the borough. This includes Astoria, Bayside, Corona, Elmhurst, Flushing, Forest Hills, Jackson Heights, Jamaica, Kew Gardens, Long Island City, Richmond Hill, and Rockaway.
Queens is the most ethnically diverse urban area in the world. Our bilingual staff makes sure immigrant families get the guidance they need in English or Spanish.
Frequently Asked Questions About Queens Wrongful Death Claims
Is wrongful death the same as murder?
No. Wrongful death is a civil claim seeking financial compensation. Murder is a criminal charge pursued by prosecutors. The same incident can lead to both. The civil burden of proof (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt). A criminal acquittal does not prevent a wrongful death lawsuit.
How much is a wrongful death settlement worth in New York?
It depends on the deceased's age, income, health, and family situation. Under current New York law, damages are tied to money losses. Higher earners usually yield larger recoveries. But loss of parental guidance for surviving children can be large regardless of income.
Can you sue for emotional distress in a New York wrongful death case?
As of early 2026, no. New York limits wrongful death damages to money losses only. The Grieving Families Act would allow recovery for grief and loss of companionship, but Governor Hochul has vetoed it four times. This makes New York different from most other states.
How are wrongful death settlements distributed in New York?
The court must approve wrongful death settlements and divide them among beneficiaries under EPTL 5-4.6. The split usually follows intestacy rules, with the surviving spouse and children getting priority. Pain and suffering damages go to the estate and are split per the will or intestacy law.
What if the deceased person was partially at fault?
New York follows pure comparative negligence. Even if the deceased was partly at fault, the family can still recover damages. The payout is reduced by the deceased's share of fault. If the deceased was 30% at fault, the family's recovery drops by 30%.
Can undocumented immigrants file a wrongful death claim?
Yes. Immigration status does not change the right to file a wrongful death claim in New York. The personal representative can be any qualifying person regardless of immigration status. Our firm has experience helping immigrant families across Queens with wrongful death cases.
What happens if no estate has been opened?
Only the personal representative of the estate can file a wrongful death claim. If no will exists and no one has been appointed, the family must ask Queens Surrogate's Court to name one. Our attorneys can help with this, as it must be done before filing suit.
How long does a wrongful death case take to resolve?
Most wrongful death cases take one to three years. Complex cases with medical malpractice, many defendants, or government entities take longer. Key factors include the investigation timeline, discovery disputes, insurance company tactics, and whether the case goes to trial.
Sources & Official Resources
New York Laws Cited
- EPTL 5-4.1 -- Wrongful Death Cause of Action
- EPTL 5-4.3 -- Wrongful Death Damages (Pecuniary Injuries)
- EPTL 5-4.6 -- Court Approval of Wrongful Death Settlement
- EPTL 11-3.2 -- Survivorship Actions (Pain and Suffering)
- CPLR 214-a -- Medical Malpractice Statute of Limitations
- CPLR 5004 -- Interest Rate on Money Judgments (9%)
- CPLR 1411 -- Pure Comparative Negligence
- General Municipal Law 50-e -- Notice of Claim (90 Days)
- NY Labor Law 240(1) -- Scaffold Law (Strict Liability)
- 2025-S4423 -- Grieving Families Act
Statistics Sources
Helpful Resources
Contact a Queens Wrongful Death Lawyer Today
If your family lost a loved one due to negligence in Queens, time is critical. Filing deadlines, including the 90-day Notice of Claim for government entities, can expire fast. The Orlow Firm has served Queens families for over 40 years. We are ready to help yours.
Call (646) 647-3398 for a free consultation. We work on contingency -- you pay nothing unless we win your case.
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What's in this video?
The attorneys at The Orlow Firm explain what sets the firm apart, including their family-firm structure, four decades of Queens experience, and commitment to personalized client service.
