When someone you love dies because of another person's carelessness, the legal system is probably the last thing you want to think about. There are funeral arrangements, relatives flying in, and questions that have no good answers. We understand that. This page is here for the moment, a week or a month from now, when you need to know what your family's rights are and what has to happen to protect them. If you are looking for a wrongful death lawyer in Rego Park, you can read this at your own pace, and you can call us at 718.775.3110 whenever you are ready.
Yakov Mushiyev & Associates, P.C. represents Queens families after fatal crashes, falls, construction accidents and medical errors. We meet families at home when that is easier, we explain each step before it happens, and we do not charge a fee unless there is a recovery.
What a Wrongful Death Claim Is Under New York Law
A wrongful death claim is a lawsuit brought on behalf of a person's surviving family when that person died because of someone else's wrongful act, neglect or default, in circumstances where the person could have sued had they lived. The claim is created by Estates, Powers and Trusts Law §5-4.1. It compensates the family for the financial losses the death caused them.
In most cases a second claim travels alongside it: the survival claim, which belongs to the estate and covers what the person who died endured before death, including conscious pain and suffering. Families often hear these described together, but they are legally different, and the evidence needed for each is different. We explain both below.
Who Can Bring the Claim: The Personal Representative
One of the most surprising rules for families is that a parent, spouse or child cannot simply file a wrongful death lawsuit in their own name. New York requires the case to be brought by the personal representative of the estate, the person appointed by the Surrogate's Court to act for the person who died.
- If there was a will, the named executor typically petitions the court for letters testamentary.
- If there was no will, a family member, often the spouse or an adult child, petitions for letters of administration. In wrongful death cases, the court commonly issues limited letters that allow the representative to bring the lawsuit but not to settle or collect without further court approval.
For a Rego Park resident, that petition is filed in the Queens County Surrogate's Court, located at 88-11 Sutphin Boulevard in Jamaica. The process involves a petition, a certified death certificate, information about the family members who are legally entitled to notice, and sometimes consents from those relatives. Our firm can coordinate this step so that the lawsuit is not delayed.
Who shares in the recovery
The personal representative brings the case, but the money belongs to the decedent's distributees, the close family members who would inherit if there were no will, such as a surviving spouse, children and, if there are none, parents. A wrongful death recovery is divided among those family members in proportion to the financial loss each suffered, and any settlement must be approved by the court. A will generally does not control who receives wrongful death damages.
Deadlines Families Need to Know
The law gives grieving families less time than many people expect, so it is worth knowing the dates even if you are not ready to act on them.
| Claim or step | Deadline | Notes |
|---|---|---|
| Wrongful death lawsuit (EPTL 5-4.1) | Generally 2 years from the date of death | Can be extended in limited situations, such as when a criminal case is brought against the defendant over the same event |
| Survival claim for the decedent's own injuries | Generally the deadline that applied to the decedent's own claim, with special extension rules after death | Medical malpractice cases have their own timing rules that must be checked carefully |
| Claim against NYC, NYCHA, the MTA or another public entity | Notice of Claim generally within 90 days, measured from the appointment of the representative in death cases | Strictly enforced; late notice requires court permission |
| Surrogate's Court appointment | No fixed deadline, but it must happen before suit | Start early; it can take weeks or longer |
What Damages New York Allows, and What It Still Does Not
Under EPTL §5-4.3, a wrongful death recovery is "fair and just compensation for the pecuniary injuries" the death caused to the family. In practice that means:
- Lost financial support, the income and benefits the person would have provided to the family over their working life.
- Lost household services, the economic value of childcare, cooking, home repairs, driving and everything else the person did for the household.
- Loss of parental guidance, the nurture, care and education a parent would have given a child, which New York recognizes as a financial loss.
- Medical and funeral expenses paid for by the family or the estate.
- Interest on the award from the date of death.
Here is the part families find hardest to hear. Under current New York law, a wrongful death recovery does not include compensation for the family's grief, emotional anguish, or the loss of a loved one's companionship. New York is one of a shrinking number of states with that rule.
The Grieving Families Act has not become law
For several years the Legislature has passed versions of the Grieving Families Act, which would allow families to recover for grief and lost companionship, extend the filing deadline to three years, and broaden the group of relatives who can recover. Governor Hochul has vetoed it four times, most recently in December 2025. Supporters have continued to push for change in 2026, but as of this writing the current rules described on this page still apply. If the law changes, we will tell you whether and how it affects your family's case.
The Survival Claim: Conscious Pain and Suffering
Because grief is not compensable, the survival claim often carries significant weight in a New York death case. Under EPTL §11-3.2, the estate can recover for what the decedent personally experienced between the injury and death: conscious pain and suffering, medical bills, lost earnings during that time and, in some cases, the terror of knowing harm was coming, sometimes called pre-impact terror.
The key word is conscious. The estate must show, usually through medical records, paramedic and emergency room notes, witnesses and expert testimony, that the person was aware for some period of time. That can mean hours in an intensive care unit, or minutes at the scene of a crash. These details are painful to gather, and we handle them with care, but they matter.
How Wrongful Deaths Happen in and Around Rego Park
Every family's loss is its own. In our experience, though, fatal cases in Rego Park and the surrounding part of Queens tend to fall into a few categories:
- Traffic crashes. Queens Boulevard, Woodhaven Boulevard and the Long Island Expressway carry heavy traffic through and around Rego Park, and pedestrians, cyclists and e-bike riders are especially vulnerable. Fatal motor-vehicle cases follow the no-fault and insurance rules for vehicles, while the 2026 cap on non-economic damages for certain at-fault claimants does not limit wrongful death claims. See our Rego Park car accident lawyer page for more on those rules.
- Falls. Falls on stairs, sidewalks and in apartment buildings are a leading cause of fatal injury for older adults, and Rego Park has a large population of seniors living in multi-story buildings.
- Construction and workplace accidents. Falls from scaffolds and ladders and being struck by falling objects can give rise to Labor Law claims against owners and contractors, alongside workers' compensation death benefits. Our workplace accident lawyer in Rego Park page explains how those systems interact.
- Medical malpractice. Missed diagnoses, surgical errors, medication mistakes and neglect in hospitals and nursing homes. These cases require expert review and have their own timing rules.
- Negligent security and building defects, such as fires caused by code violations or assaults made possible by broken locks.
How a Wrongful Death Lawyer in Rego Park Can Help Your Family
Our role is to take the legal work off your family's shoulders. In a typical case we:
- Meet with the family, at our office, at home or by video, to understand what happened and who the family members are.
- Help the right person petition the Queens County Surrogate's Court for letters, and file any Notice of Claim against a public entity on time.
- Preserve evidence quickly: police and accident reconstruction reports, video, 911 and EMS records, hospital charts, autopsy findings and witness statements.
- Work with economists to measure lost support and household services, and with medical experts on conscious pain and suffering.
- Identify every insurance policy that may apply, including excess and umbrella coverage.
- Negotiate with insurers, file suit when needed, and seek the court approval required for any settlement and its allocation among family members.
For deaths caused by medical errors, our wrongful death and medical malpractice practice explains the expert review and timing rules that apply. Throughout the case, our fee is contingent on a recovery.
What you can do now
You do not need to do much. If you can, keep any letters from insurance companies, do not give recorded statements, write down the names of anyone who witnessed the incident, and hold on to medical bills and funeral receipts. Then call us, and we will handle the rest.
Directions from Rego Park to Our Office
Yakov Mushiyev & Associates, P.C.
1 Cross Island Plaza, Suite 325
Rosedale, NY 11422
Phone: 718.775.3110
Hours: Monday to Friday, 9:00 a.m. to 6:00 p.m.
Home and hospital visits available
Many families prefer that we come to them, and we are glad to meet in your home in Rego Park. If you would like to visit us, drive from Queens Boulevard to the Grand Central Parkway or the Van Wyck Expressway (I-678) south, then take the Belt Parkway east toward the Cross Island Parkway and exit toward Rosedale. Our office is in Cross Island Plaza near the Queens–Nassau line, typically 25 to 40 minutes away depending on traffic. By transit, take the M or R from 63 Dr–Rego Park to Forest Hills–71 Av, the LIRR from Forest Hills to Jamaica, and a Far Rockaway Branch train to Rosedale station, followed by a short cab ride. Get directions from Rego Park in Google Maps.
Questions Families Ask Us
Who can file a wrongful death lawsuit in New York?
Only the personal representative of the estate, meaning the executor named in a will or an administrator appointed by the Surrogate's Court. For Rego Park families, that appointment comes from the Queens County Surrogate's Court in Jamaica.
How long do we have to file?
Generally two years from the date of death under EPTL 5-4.1. Claims involving the City or another public entity require a Notice of Claim much sooner, so families should not wait.
Can our family recover for grief and loss of companionship?
Not under current New York law, which limits wrongful death damages to financial losses. The Grieving Families Act would change that, but it was vetoed again in December 2025 and has not become law.
What is a survival claim?
It is the estate's claim for what the person who died experienced before death, including conscious pain and suffering, medical bills and lost earnings during that period. It is usually brought together with the wrongful death claim.
Does it cost anything to speak with a wrongful death lawyer in Rego Park?
No. The consultation is free, we can meet at your home, and our fee is contingent on recovering compensation for your family.
Will we have to go to court in Jamaica?
The Surrogate's Court petition is often handled through filings, and many wrongful death cases resolve without a trial. We will tell you in advance if your presence is ever needed.
Speak With Us When You Are Ready
There is no pressure and no cost to talk. Call 718.775.3110 or reach us online, and a member of our team will listen, answer your questions, and explain the next steps for your family.
This page provides general information about New York law and is not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.