Wrongful Death Lawyer New York City — YC Wrongful Death Attorney Serving Queens, Brooklyn, Manhattan & All Five Boroughs
Someone took a life they had no right to take. The law gives your family one path to justice. We have been walking that path with New York families since 1994.
Free consultation. English and Spanish. No fee unless we win
Losing someone to another person’s negligence is a different kind of grief. It is loss that did not have to happen. The driver who ran the light. The surgeon who missed the obvious. The contractor who skipped the safety equipment. Someone made a decision, and your family is living with the consequences.
We fight to make sure they pay for it.
Adam and his team have spent 30 years on both sides of civil litigation in New York. He knows how insurance companies value a human life, the math of it all, and how to destroy their arguments in front of a jury.
What Makes a Death "Wrongful" Under New York Law
Under the New York Estates, Powers and Trusts Law (EPTL) § 5-4.1, a wrongful death lawsuit may be pursued if the victim would have had grounds for a personal injury lawsuit had they survived. In plain terms: if someone’s negligence, recklessness, or intentional misconduct caused the death, the family has a legal claim.
Four things have to be true. There was a legal duty of care. That duty was breached. The breach caused the death. And the family suffered measurable losses as a result.
We build the case on all four. Every time.
Who Can File a Wrongful Death Claim in New York
This is where New York law gets specific and where families run into problems without an attorney.
To file a wrongful death claim, you must be the decedent’s estate executor or personal representative. This is usually defined in the decedent’s will, but if they did not have one, the court can appoint a personal representative.
If the personal representative is not appointed until after the statute of limitations has expired, the family’s right to file a wrongful death claim could be forever barred. That is one of the most common and devastating procedural traps grieving families fall into.
We move to open the estate and secure the family’s right to file from the first call. That step cannot wait.
Common Causes of Wrongful Death We Handle
Fatal accidents do not fit a single category. We have fought for families across every major cause of wrongful death in New York:
- Fatal car, truck, motorcycle, and rideshare accidents
- Construction site deaths under NY Labor Law §240 and §241
- Medical malpractice and surgical errors
- Slip, trip, and fall fatalities on negligent premises
- Nursing home neglect and elder abuse deaths
- Defective product and equipment failures
- Pedestrian and bicycle fatalities
- Workplace accidents and employer negligence
Each of these cases has its own legal landscape, its own deadlines, and its own cast of defendants. We know all of them
What Your Family Can Recover
New York’s wrongful death law has remained largely unchanged since 1847 and limits recovery to “pecuniary injuries,” which means financial losses only. That is a real limitation and one that frustrates families. But within those limits, the recoverable damages are still substantial.
What we pursue:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income and financial support the deceased would have provided over their lifetime
- Loss of parental guidance and care for children
- Loss of spousal services and support
- The deceased’s conscious pain and suffering before death, through a survival action
On top of the wrongful death claim, we pursue survival actions where applicable. These are separate claims that recover for what your loved one endured before they died. Two claims. Two paths to recovery. We pursue both simultaneously.
In cases involving extreme recklessness or intentional misconduct, punitive damages may also be available. We evaluate that possibility from the first consultation.
The Deadlines Are Real — And They Are Unforgiving
In New York, wrongful death lawsuits must be filed within two years of the date of the decedent’s death. Failure to file within this two-year limit will prohibit the individual from ever filing a wrongful death lawsuit.
The clock starts on the date of death. Not the accident. Not the diagnosis. The death.
There are exceptions worth knowing:
Medical malpractice deaths carry a two-year-and-six-month statute of limitations.
Government entity involvement requires a Notice of Claim filed within 90 days of the appointment of the estate administrator, with the lawsuit filed no later than two years after the death.
Minor beneficiaries may toll the deadline in certain circumstances, but only if no parent or guardian was already appointed at the time of death.
Pending criminal charges against the defendant toll the civil deadline until the criminal case ends. The family then has one year from that date to file.
These deadlines overlap. They conflict. Miss the wrong one and the case is gone regardless of how clear the liability is. We track every deadline from day one.
The Wrongful Death Investigation — What We Deploy
Evidence in wrongful death cases disappears fast. Surveillance footage gets overwritten. Witnesses scatter. Construction sites get cleaned up overnight. Medical records get buried in administrative processes.
We move immediately.
From the first call, we secure accident reports, OSHA records, medical records, witness statements, expert consultations, and any physical evidence tied to the scene. Adam has spent decades inside the minds of the insurance companies and defense teams who fight these claims. He knows what they look for. He knows what they try to make disappear. We get there first.
Wrongful Death in New York vs. Other States
New York is one of the few states that still restricts wrongful death damages to economic losses only. Grief, emotional suffering, and loss of companionship are not currently compensable under state law, though legislative efforts like the Grieving Families Act have sought to change this for years.
What that means practically: the financial case has to be built with precision. Lost income projections, lifetime earnings calculations, economic expert testimony. We build that record thoroughly. The law limits the categories. It does not limit how hard we fight within them.
We Fight Across All Five Boroughs and Beyond
Queens. Brooklyn. The Bronx. Manhattan. Staten Island. Long Island. Wherever in New York your family suffered this loss, we come for the people responsible.
Who files the wrongful death lawsuit if there is no will?
The court appoints a personal representative for the estate. We help families navigate that process immediately so no deadlines are jeopardized.
Can multiple family members share in a wrongful death recovery?
Yes. The estate representative files the claim and any recovery is distributed among the eligible beneficiaries, typically the spouse, children, and parents of the deceased, according to New York law.
What if the person who caused the death is facing criminal charges?
The civil wrongful death case runs separately from any criminal prosecution. A criminal conviction is not required to win a civil wrongful death claim. The standard of proof is lower in civil court.
What if my loved one was partly at fault for the accident?
New York’s comparative fault rules apply. Recovery is reduced proportionally by the deceased’s share of fault but is not eliminated entirely. We fight to keep that percentage as close to the actual facts as possible.
What does it cost to hire you?
Nothing upfront. We work on contingency. No win, no fee.
How long does a wrongful death case take?
It depends on the complexity of the case and whether the defendant’s insurer is willing to pay what the case is worth. Straightforward cases can resolve in months. Cases involving disputed liability or serious damages often take longer and may go to trial. We do not push families toward fast settlements that undervalue their loss.
The First Call Costs Nothing
Your family has already paid enough. The consultation is free. Adam is reachable from the first call. No pressure, no obligation, strictly confidential.
Before you speak to any insurance adjuster, sign anything, or accept anything, call us first.