New York Wrongful Death Attorneys

Wrongful death claims allow surviving family members and estates to recover damages caused by a fatal incident. Our firm represents families in wrongful death matters arising from:

• Automobile and Traffic Accidents
  Fatal collisions involving cars, trucks, motorcycles, pedestrians, and cyclists caused by negligent or impaired drivers.
• Medical Malpractice
  Deaths resulting from misdiagnosis, surgical errors, delayed treatment, or other medical negligence.
• Workplace Accidents
  Fatal injuries occurring on construction sites, in industrial facilities, or due to unsafe working conditions.
• Defective Products
  Fatalities caused by dangerous consumer products, industrial equipment, pharmaceuticals, or medical devices.

Wrongful death claims often involve multiple responsible parties. Depending on the circumstances, liability may extend to:

• Negligent drivers and trucking companies
• Hospitals, physicians, nurses, and medical groups
• Employers and general contractors
• Product manufacturers and distributors
• Property owners, landlords, and municipalities (subject to strict notice-of-claim requirements)

Identifying all liable parties is essential to maximizing recovery and ensuring full accountability.

Under New York law, a wrongful death claim requires proof that:

• The defendant’s negligent or wrongful conduct caused the decedent’s death
• The underlying conduct would have supported a personal injury claim had the decedent survived
• The decedent’s distributees suffered measurable losses as a result of the death

Our attorneys handle every stage of the process—from investigation and expert review to litigation and settlement negotiations.

New York law places a strong emphasis on economic (pecuniary) losses, but additional damages may also be available through related claims.

Economic (Pecuniary) Damages

• Lost income and future earning capacity
• Loss of benefits, services, and financial support
• Medical expenses related to the final injury or illness
• Funeral and burial costs

Loss of Parental Guidance

Minor children may recover damages for the loss of parental care, guidance, and nurturing.

Pre-Death Conscious Pain and Suffering (Survival Action)

Through a separate survival action, the estate may recover damages for the pain and suffering the decedent endured before death.

Developments in Non-Economic Recovery

While New York traditionally limits wrongful death damages to pecuniary losses, courts and legislators continue to address arguments surrounding broader recovery. Our attorneys remain current on these developments and pursue every available avenue for compensation.

Even in the most emotionally challenging cases, our attorneys are committed to securing compensation that reflects the full impact of the loss. We work diligently to hold negligent parties accountable and protect the financial security of surviving families.

Who can file a wrongful death claim in New York?

Typically, the personal representative of the decedent’s estate brings the claim on behalf of surviving family members.

What damages can be recovered in a wrongful death case?

Recoverable damages include lost income, medical and funeral expenses, loss of parental guidance, and pre-death pain and suffering.

How long do I have to file a wrongful death claim in New York?

In most cases, the statute of limitations is two years from the date of death, though exceptions may apply.

Can I file a claim if the death was partially my loved one’s fault?

Yes. New York follows a comparative fault system, which may reduce—but not bar—recovery.

How long does a wrongful death case take to resolve?

Timelines vary based on complexity, investigation, and whether the case settles or proceeds to trial.

What is the difference between wrongful death and a survival action in New York?

Wrongful death compensates surviving family members for their losses, while a survival action compensates the estate for the decedent’s pre-death pain and suffering.

Does New York allow punitive damages in wrongful death cases?

Punitive damages are generally limited but may be available in certain cases involving egregious misconduct.

How are wrongful death settlements divided among family members?

Distribution is determined by the court based on each distributee’s financial loss.

What if there is no will or estate opened yet?

An estate can be opened through Surrogate’s Court, and our attorneys can guide families through that process.

Can undocumented family members recover damages?

Yes. Immigration status does not bar recovery in wrongful death cases under New York law.

What happens if the defendant is a government entity?

Claims against municipalities or public entities require strict compliance with notice-of-claim deadlines, often within 90 days.