Wrongful Death Lawyers in New York

Losing someone to another person’s carelessness is a different kind of loss. Nothing a court does can undo it. What the law can do is hold the responsible party accountable and provide for the family left behind. In New York, that process has specific rules, and understanding them early protects your family’s rights.

We take these cases personally. We pledge to represent you as one of our own, and we prepare every wrongful death claim as if it will be decided by a jury.

Who can bring a wrongful death claim

New York does not let each grieving relative file their own lawsuit. Instead, the claim is brought by the personal representative of the deceased person’s estate, usually a spouse, adult child, or parent who has been appointed by the Surrogate’s Court. That representative sues on behalf of the survivors who suffered a loss.

If no representative has been named yet, that is one of the first steps we help a family take. It sounds procedural, but it is essential, because without a properly appointed representative the case cannot move forward.

What New York lets you recover

This is where New York differs from many states, and families are often surprised. New York’s wrongful death statute focuses on pecuniary loss, the economic value of what the survivors lost. That includes:

• Lost financial support the deceased would have provided
• The value of lost services, guidance, and parental nurturing to children
• Medical and funeral expenses caused by the death
• Conscious pain and suffering the deceased experienced before death, recovered through a related survival claim

What New York does not currently allow is compensation for the family’s grief or emotional anguish the way some other states do. That limitation makes it critical to fully document the economic and support role your loved one played. An experienced firm builds that picture with economists and vocational experts so the loss is presented completely.

The cases we handle

Wrongful death can arise from almost any serious negligence: medical malpractice, a defective product, nursing home neglect, a construction accident, or a fatal crash. Car and truck collisions are among the most common.

In one head-on collision case, we secured a $3,000,000 settlement for a family whose loved one was killed by a driver who crossed into oncoming traffic. Prior results do not guarantee a similar outcome. Every case turns on its own facts, but the approach is always the same: investigate thoroughly, prove the loss fully, and negotiate from strength.

The deadline that can end your case

A New York wrongful death claim generally must be filed within two years of the date of death. That is shorter than the three-year deadline for most personal injury claims, and it catches families off guard. If the death involved a government entity, such as a city hospital or a public bus, you may also have to file a Notice of Claim within 90 days, long before the two-year mark. Talk to a lawyer quickly so these deadlines do not quietly expire.

Let us carry the legal weight

Grieving and litigating at the same time is a lot to ask of anyone. With more than 20 years and eight offices across New York, our partners handle the investigation, the paperwork, and the fight with the insurer so you can focus on your family. There is no fee unless we recover for you. Reach out for a free, confidential consultation, any time, day or night, or read our case results.