New York Wrongful Death Calculator
EPTL §5-4 — strictly PECUNIARY LOSS ONLY. Grief + emotional distress NOT compensable. Grieving Families Act VETOED 4x by Hochul. Survival actions (§11-3.2) recover conscious pain/suffering
How much is a New York wrongful death settlement worth? Ranges widely. Single-victim pedestrian deaths: $26M+. Mass-casualty infrastructure: $272M (Tribeca crane 2025).
⚠ NY UNIQUE: Wrongful Death damages PECUNIARY LOSS ONLY — grief NOT compensable. Grieving Families Act VETOED 4× (most recent Dec 2025). Survival actions §11-3.2 are workaround.
Su lesión
Su Acuerdo Estimado
$36,000 — $66,000
Dolor y sufrimiento = $15,000 en facturas médicas × multiplicador de gravedad de 3.0. Sus facturas ya están incluidas en esa cifra, por lo que no se suman de nuevo.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Revisado Editorialmente — Contenido revisado en cuanto a exactitud utilizando investigación legal publicada, datos gubernamentales y registros judiciales verificados. Vea nuestra metodología
Reviewed by Leonard Goldberg, Editor · Last updated
New York Wrongful Death — Pecuniary Only
New York EPTL §5-4 is unique in US — wrongful death damages are strictly PECUNIARY LOSS ONLY. Lost financial support, lost services, medical + funeral expenses, loss of parental guidance (quantified economically). Grief, emotional distress, loss of companionship are NOT compensable under current law.
Grieving Families Act (A6063/S4423) would expand to grief + anguish + emotional distress (retroactive to Jan 1, 2022). Gov. Hochul VETOED it for the fourth time in December 2025 — fourth consecutive veto (2022, 2023, 2024, 2025). Current law remains pecuniary loss only as of April 2026.
Survival Action EPTL §11-3.2: decedent's personal injury claims survive death + vest in estate. Can include conscious pain + suffering BEFORE death — this is NY's workaround for high non-econ recovery. Unlike most states, NY permits conscious pain/suffering in survival actions. SOL: 2 years from date of death (EPTL §5-4.1); 2.5 years for medical malpractice (CPLR §214-a). Notable: $272.5M Tribeca crane collapse (2025, largest crane accident in NY history); $182M+ Metro-North Valhalla train crash (6 deaths, 71% liability).
New York Wrongful Death FAQs
Who can file wrongful death in New York?
Personal representative (executor/administrator) of decedent's estate files. Beneficiaries are estate's distributees — spouse, children, parents, siblings — per intestacy rules.
What damages can I recover in New York wrongful death?
ONLY pecuniary (economic) losses: lost financial support, lost services, medical + funeral expenses. Grief, emotional distress, loss of companionship are NOT compensable under current law.
Why can't families recover for grief in New York?
EPTL §5-4.3 historically limited recovery to pecuniary loss only. Grieving Families Act would change this — but Gov. Hochul VETOED it for the FOURTH time in December 2025. 2022, 2023, 2024, 2025 all vetoed. Fifth re-introduction possible 2026 session.
How long do I have to file?
2 years from date of death for most wrongful death claims. Medical malpractice: 2.5 years (CPLR §214-a). Notice of Claim against NYC/municipal: 90 days (GML §50-e).
What's the difference between wrongful death and survival in NY?
Wrongful death (EPTL §5-4.1): beneficiaries recover PECUNIARY losses only. Survival (EPTL §11-3.2): estate recovers for what DECEDENT personally suffered before death — INCLUDING conscious pain + suffering. Both filed together. Survival is NY's workaround for non-econ recovery.
How much is a New York wrongful death settlement worth?
Ranges widely. Single-victim pedestrian deaths: $26M+. Mass-casualty infrastructure: $272M (Tribeca crane 2025). Without non-economic damages in wrongful death itself, awards tend lower than comparable other states — but conscious pain/suffering in parallel survival action boosts total recovery significantly.
Is there a cap on NY wrongful death damages?
No statutory cap. No cap on pecuniary loss in wrongful death OR conscious pain/suffering in survival. NY wrongful death is unrestricted by cap — the limitation is the pecuniary-only rule itself, not a dollar amount.
Will Grieving Families Act pass in 2026?
Uncertain. May be re-introduced in 5th iteration with modifications addressing Hochul's concerns. Prior vetoes: 2022, 2023, 2024, 2025. Monitor NY Legislature for new bill text + Hochul signals.
Related
Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for New York
Each New York calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses New York verdict data where available.