In New York, when someone dies because of another party’s negligence, their loved ones may be entitled to legal compensation, but how they pursue that compensation depends on the type of claim. Two primary options are available under state law: the wrongful death lawsuit and the survival action.
While these claims often arise from the same incident, they serve different legal purposes, follow distinct rules, and benefit different parties. At Cellino Law, our wrongful death lawyers help families understand the differences, navigate both claims, and recover the maximum compensation the law allows.
What Is a Wrongful Death Lawsuit in New York?
A wrongful death claim compensates surviving family members for their own losses following a loved one’s death due to negligence, recklessness, or intentional wrongdoing. This lawsuit is typically brought by the personal representative of the deceased’s estate, on behalf of surviving relatives such as:
- Spouses
- Children
- Parents
- Other dependents
Wrongful death claims are common in cases involving:
- Fatal car and motorcycle accidents
- Medical malpractice resulting in death
- Fatal workplace injuries
- Unsafe property or premises liability cases
- Defective products
Under New York law, wrongful death lawsuits can seek compensation for:
- Funeral and burial costs
- Loss of the deceased’s future income and benefits
- Loss of services and parental guidance
- Loss of inheritance
- Medical expenses directly related to the fatal injury
Importantly, New York does not currently allow recovery for emotional pain and suffering of surviving family members in wrongful death claims. This restriction makes understanding, and filing, a survival action especially important in certain cases.
What Is a Survival Action?
A survival action is different from a wrongful death claim. It allows the deceased person’s estate to pursue the legal claims the decedent could have brought had they survived the incident.
This includes:
- Pain and suffering experienced between injury and death
- Conscious fear of impending death
- Medical bills incurred before death
- Lost income or lost work capacity during that window
- Property damage or loss (e.g., vehicle damage in a crash)
Essentially, a survival action focuses on the decedent’s own suffering and financial losses prior to death, whereas a wrongful death lawsuit focuses on the family’s losses after the death.
The compensation from a survival action goes to the estate and is later distributed to heirs based on the will or New York intestacy law.
Legal Insight: Can You File Both a Wrongful Death and Survival Action in NY?
Yes, and in many cases, you should. New York allows both types of claims to be filed concurrently, which means you can recover for both the pain and damages experienced by the deceased, and for the economic losses suffered by the surviving family.
The actions are typically brought together in the same lawsuit but are treated as separate causes of action under state law. Cellino Law’s wrongful death attorneys ensure both claims are thoroughly developed and supported by the right evidence and expert opinions.
This includes:
- Medical experts to testify about the decedent’s pain and suffering
- Economists to project lost income and services
- Estate professionals to manage the claims process through probate
By pursuing both claims strategically, our personal injury lawyers maximize the total compensation available to the family.
How Compensation Is Distributed
- Survival Action damages become part of the estate and are distributed according to the decedent’s will or New York estate laws.
- Wrongful Death damages are distributed directly to the eligible beneficiaries, typically based on their level of dependency and familial relationship.
Understanding these differences is vital in protecting your family’s legal rights and financial future.
Who Can File These Claims?
Both wrongful death and survival actions must be brought by the personal representative of the deceased’s estate, either an executor (named in a will) or an administrator (appointed by the court if there’s no will).
Cellino Law’s wrongful death lawyers assist families through the estate administration process, including Surrogate’s Court filings and appointment of legal representatives. Our team helps streamline this complex process, so your family can focus on healing.
Why These Claims Matter in NY Fatal Accident Cases
Whether your loved one died in a motorcycle crash, a medical error, a job site accident, or due to dangerous property conditions, both wrongful death and survival claims serve a role in the legal response. They:
- Hold negligent parties accountable
- Provide financial relief for the family
- Recognize the suffering of the deceased
- Establish legal consequences for preventable fatalities
At Cellino Law, our wrongful death attorneys bring decades of experience in fatal injury litigation across New York. We work with forensic experts, medical professionals, and investigators to ensure that every detail is accounted for and every dollar is pursued.
Call a New York Wrongful Death Lawyer at Cellino Law Today
If you’ve lost a loved one due to someone else’s negligence, you don’t need to navigate the legal system alone. Cellino Law’s wrongful death lawyers are here to help you understand your rights, handle the court filings, and fight for the full compensation your family deserves.
Call today for a free case consultation. We don’t charge fees unless we win your case. You focus on your family, we’ll focus on justice.
Wrongful death? Call Cellino.