New York's Best Wrongful Death Lawyers

In New York, a wrongful death occurs when a person's death is caused by the negligent, reckless, or intentional act of another individual or entity. To file a wrongful death lawsuit, the personal representative of the deceased's estate must prove several elements: a death occurred, it was caused by another's wrongful act, had the deceased lived, they would've had grounds to sue for personal injuries, and the death resulted in compensable losses to the deceased's beneficiaries or heirs. Consulting a wrongful death lawyer can help guide you through the intricacies of the legal process.

In New York, only the personal representative of the deceased's estate is legally authorized to file a wrongful death lawsuit. This representative is often named in the deceased's will or estate plan. If no such representative has been designated, the court may appoint one. While the representative files the suit, any compensation awarded is for the benefit of the deceased's beneficiaries or heirs, which can include spouses, children, and other close relatives. A knowledgeable wrongful death lawyer can help identify and advocate for all eligible beneficiaries.

It's difficult to pinpoint an "average" settlement for wrongful death cases in New York due to the vast variability in circumstances, the nature and extent of negligence involved, the specifics of damages, and other factors. Each case is unique, and the value can be influenced by numerous elements.

However, several components determine the amount of compensation in wrongful death settlements:

Medical Bills: These include costs the deceased may have incurred due to injury treatments before they passed away.

Funeral and Burial Costs: The costs associated with the funeral, burial, or cremation can be claimed.

Lost Wages and Benefits: If the deceased was a primary earner, compensation might include lost wages and other benefits that they would have provided to their family over a lifetime.

Loss of Companionship: Family members can claim compensation for the loss of love, care, protection, guidance, and companionship they suffer due to their loved one's death.

Pain and Suffering: This involves the physical pain and emotional suffering the deceased might have undergone between the time of injury and their death.

Potential Punitive Damages: In cases where the defendant's behavior was especially reckless or malicious, punitive damages might be awarded as a form of punishment and deterrence.

In New York, certain limitations exist. For example, unlike many states, New York doesn't permit the decedent's estate to recover damages for the deceased's pain and suffering after a wrongful death. Only the period between the negligent act and the time of death is considered.

Historically, wrongful death settlements in New York can range from tens of thousands of dollars to millions, depending on the specific facts of the case.

To get a better understanding of what a specific case might be worth, families should consult with an experienced wrongful death attorney in New York who can evaluate the particulars of the situation and provide more tailored guidance.

In New York, law firms can pursue wrongful death lawsuits for a range of fatal accidents, provided there's evidence that the death was caused by another party's negligence, recklessness, or intentional misconduct. Some of the common fatal accidents for which wrongful death claims are brought include:

Motor Vehicle Accidents: This category encompasses car, motorcycle, truck, and bus accidents. Given the high traffic density in many parts of New York, these accidents unfortunately are a frequent occurrence.

Pedestrian and Bicycle Accidents: Especially in densely populated areas like New York City, pedestrians and cyclists are at risk, and accidents involving them can often be fatal.

Construction Accidents: The construction industry is known for its hazards. Falls from heights, equipment malfunctions, or accidents involving machinery can lead to fatal injuries.

Medical Malpractice: When healthcare professionals fail in their duty of care, it can lead to fatal consequences. This could involve surgical errors, misdiagnoses, or medication errors, among others.

Defective Products: Manufacturers can be held liable if a person dies because of a flawed or unsafe product. This could range from defective vehicles to hazardous consumer goods.

Premises Liability: Property owners might be held responsible for wrongful deaths if they've been negligent in maintaining their premises, leading to fatal slip and fall accidents, for example.

Workplace Accidents: Beyond construction sites, various workplaces, from factories to offices, can have fatal accidents due to machinery, electrocution, or even repetitive stress injuries.

Public Transportation Accidents: Accidents involving subways, trains, and buses, given the vast public transportation network in New York, can lead to fatalities and potential wrongful death claims.

Nursing Home Negligence: Elderly individuals might succumb to injuries or neglect in improperly managed care facilities.

Criminal Acts: Intentional acts of violence leading to death can also be grounds for a wrongful death lawsuit, in addition to any criminal charges the perpetrator might face.

When a family believes a loved one's death occurred due to someone else's negligence or intentional act, they should consult with a knowledgeable attorney to explore the possibility of a wrongful death lawsuit.

New York law dictates a specific timeframe, known as the statute of limitations, within which a wrongful death lawsuit must be filed. Generally, the personal representative has two years from the date of the individual's death to initiate the lawsuit. However, there are specific situations and exceptions that may alter this timeframe. Due to this time sensitivity, it's crucial to consult with a wrongful death lawyer or law firm as soon as possible to ensure that your rights to legal redress are preserved.

No, all of the New York wrongful death law firms ranked on this page practice throughout the state of NY, including New York City, Long Island, Brooklyn, Queens, the Bronx and Staten Island, and all firms also offer virtual consultations.

In some cases in New York, your attorney may be able to settle your wrongful death lawsuit action may be settled relatively quickly, within a matter of weeks or a few months. However, in more complex cases where there are disputes over liability, damages, or insurance coverage, it can take several months or even years to reach a settlement with the defendant or defendant's insurance company.