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Date Published: 12/04/2020

Handling Death Cases in New York

There are two separate and distinct causes of action in death cases: survivorship cause of action and wrongful death.
● Survivorship cause of action belongs to the estate for decedent’s pain and suffering prior to death.
● Wrongful death cause of action belongs to distributees who have suffered pecuniary loss by reason of death.

In any death case, there will be a unified trial. The Burden of proof is still the plaintiff’s, but not as high a burden as in death cases. For wrongful death damages, decedent’s estate is entitled to collect interest at the rate of 9% from date of death to date of judgment, governed by Section 5-4.2 of the Estates, Powers and Trusts Law (hereinafter the EPTL).

Join Andrea Alonso as she helps attorneys to familiarize themselves with the two distinct causes of action and what is and is not recoverable under each.

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