Wrongful Death Expert Services in New York
KWVRS provides wrongful death vocational, life care planning, and forensic economic analysis for attorneys handling cases in New York.
Wrongful Death matters in New York: where they are heard
A wrongful death action in New York is brought in the Supreme Court of the county with venue, the trial court of general jurisdiction in each county, and the estate side of the matter proceeds in a different court: the Surrogate's Court handles probate and estates, including the appointment of the representative who brings the claim. A claim for money damages against the State of New York, a wrongful death claim included, is heard by the Court of Claims. Federal filings are heard by the Southern District of New York from Manhattan, White Plains or Poughkeepsie, by the Eastern District from Brooklyn or Central Islip, or by the Northern or Western District upstate. The Appellate Division reviews the judgment by department, and the Court of Appeals is New York's highest court.
The economic report in a New York wrongful death case projects the decedent's earnings, benefits and household services over the years the survivors would have received them, with the vocational analysis of the decedent's work history behind it. Attorneys confirm the governing rule for their case. KWVRS prepares that report to the disclosure requirements of the forum, as the expert disclosure page for New York matters describes.
Sources: New York State Unified Court System, Courts: the trial courts (the Supreme Court in each county, the Court of Claims, the Family Court, the Surrogate's Court, the Civil Court of the City of New York, the County and City Courts) and the appellate courts, the Appellate Division as the lower appellate court in four departments and the Court of Appeals as New York's highest court (reviewed 2026-09-14); New York State Court of Claims: the court that hears claims for money damages against the State of New York (reviewed 2026-09-14); United States District Court for the Southern District of New York: counties and hearing locations (Manhattan, White Plains and Poughkeepsie) (reviewed 2026-09-14); United States District Court for the Eastern District of New York: counties and courthouses (Brooklyn and Central Islip) (reviewed 2026-09-14); United States District Court for the Northern District of New York (the district by name) (reviewed 2026-09-14); United States District Court for the Western District of New York (the district by name) (reviewed 2026-09-14)
Overview
Wrongful death cases quantify the economic loss to survivors and the estate resulting from a decedent's death, most commonly as lost earnings, lost fringe benefits, lost household services, and lost personal services or guidance. The vocational component reconstructs the decedent's pre-death earning capacity; the economic component reduces projected losses to present value net of personal consumption.
Vocational and economic impact
For a decedent, the vocational component reconstructs earning capacity at the time of death using education, training, work history, industry trajectories, and labor market data. In some jurisdictions, a claimant spouse's earning capacity is also evaluated where household services or income contributions are at issue.
Damages typically include lost earnings and earning capacity across the decedent's worklife, lost fringe benefits, lost household services, and in some jurisdictions loss of personal consortium, care, guidance, and advice. Projections are reduced to present value using appropriate discount rates and net of personal consumption.
New York courts and expert standards
Wrongful Death matters in New York are litigated in the state's trial courts, with vocational, life care planning, and economic testimony evaluated under New York's expert evidence standard. KWVRS prepares reports and testimony that account for these requirements.
Where these cases are heard
- Supreme Court - General jurisdiction trial court (confusingly named); handles major civil cases and felonies; one in each county
- County Court - Outside NYC; handles felonies and civil cases up to $25,000
- Family Court - Matters involving children and families; custody, support, neglect, juvenile delinquency
Highest court: Court of Appeals. Federal venues: S.D.N.Y., E.D.N.Y., N.D.N.Y., W.D.N.Y..
Attorney guides for wrongful death cases
Other case types in New York
Frequently Asked Questions
In which New York court is a wrongful death claim heard?
The damages action is heard by the Supreme Court of the county with venue, or by the Court of Claims when the State of New York is the defendant. Probate and the appointment of the estate's representative happen in the Surrogate's Court, and a federal filing is heard by the Southern, Eastern, Northern or Western District.
What does the economic expert disclose in a New York wrongful death case?
A report documenting the decedent's earnings history, the worklife and life expectancy tables applied, the fringe benefits and household services valued, the personal consumption deduction and the discount rate, prepared to the requirements of the court hearing the case and exchanged on its timetable.
References
Ready to Get Started on wrongful death cases in New York?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.