Steps to Take After Being Involved in a Car Crash in New York
You are standing at the kitchen counter with a stack of unopened mail because one of the envelopes has his name on it, and you do not know what to do with the mail addressed to someone who is not coming home. The funeral home has already called twice about final arrangements, and your phone keeps lighting up with well-meaning people who do not know what to say.
You keep thinking someone should be held responsible for the crash that put you here, but you do not know where to start or who even has the right to ask. Greenspan & Greenspan Injury Lawyers knows that grief like this does not leave room to chase down who was responsible, and steps in to carry that fight so you can focus on your family first.
What Can a Family Do After a Death in a Car Accident in New York?
New York law allows an estate’s representative to file a wrongful death claim against the driver or party responsible for a fatal crash, giving the family a path to recover financial losses tied to the death. The estate’s representative can pursue the claim on behalf of the people the decedent supported.
Who Has the Right to File the Claim?
New York does not let just anyone file a wrongful death claim. The right belongs to the personal representative of the estate, the executor named in a will, or the administrator the court appoints if no will. This person files on behalf of the distributees, meaning the family members entitled to inherit under state law, usually the surviving spouse and children first, then parents or siblings if none survive. A family without a representative can ask the Surrogate’s Court to appoint one.
How Long Does a Family Have to File?
New York gives families two years from the date of death to file, and this deadline does not pause because a family is grieving or has not yet found an attorney. One exception applies to car accident cases: if the driver faces criminal charges, such as vehicular manslaughter or driving while intoxicated, the family is given at least one additional year from the end of that case to file, even after the two-year window closes. Waiting on a criminal case does not automatically protect a family’s right to sue, so the timing should be reviewed early.
What Damages Can a Family Recover?
New York limits wrongful death damages to pecuniary, meaning measurable financial losses, as opposed to suing for grief-related losses, including:
- Loss of financial support—income and financial contributions the decedent would have provided;
- Loss of services and guidance—the value of household work, childcare, or parental guidance that the decedent would have continued to provide;
- Medical and funeral costs—treatment expenses tied to the fatal injury and reasonable funeral or burial costs the family paid or still owes; and
- Interest—interest that accrues from the date of death on the amount awarded.
A jury or court calculates these losses using the decedent’s earnings, age, health, and the needs of the surviving distributees.
Does It Matter Who Caused the Crash?
New York applies comparative negligence to wrongful death claims, so a family can still recover damages even if the deceased driver shared fault for the crash. The award is reduced by the decedent’s percentage of fault, regardless of how high that percentage is. Insurers still use any share of fault they can cite to reduce a payout, which is why the crash details deserve review before a family accepts a settlement.
Why Families Turn to Greenspan & Greenspan Injury Lawyers When There Is a Death in a Car Accident
For over 60 years, Greenspan & Greenspan Injury Lawyers has stood beside New York families in the aftermath of a fatal crash, guiding them through decisions no one plans to make. The firm has recovered tens of millions of dollars for injured clients and grieving families across the state. It takes on serious injury and wrongful death cases so families can focus on each other instead of insurance paperwork.
Reviewers consistently point to the firm’s responsiveness during the hardest moments, part of why Greenspan & Greenspan holds a 4.9-star rating across more than 200 Google reviews. The firm’s belief that your fight is our fight is not just a marketing slogan; it shapes how the firm handles every wrongful death claim it takes on.
Let Us Help You Take the Next Step Today
You do not have to figure out New York’s wrongful death process while you are still answering condolence calls. Reach out to Greenspan & Greenspan Injury Lawyers for a free consultation, and let the firm carry the legal fight while you focus on your family. The conversation costs nothing, and it could change everything.
Legal References Used to Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Action by personal representative for wrongful act, neglect or default causing death of decedent, N.Y. Est. Powers & Trusts Law § 5-4.1 (2014).
- Descent and distribution of a decedent’s estate, N.Y. Est. Powers & Trusts Law § 4-1.1 (2019).
- Amount of recovery, N.Y. Est. Powers & Trusts Law § 5-4.3 (2014).
- Damages recoverable when contributory negligence or assumption of risk is established, N.Y. C.P.L.R. § 1411 (2026).
