Wrongful death lawyer NYC: Secure Justice 2025

 

Understanding Your Rights After Losing a Loved One in NYC

If you need a wrongful death lawyer NYC, you should know these essential facts immediately:

Key Information for NYC Wrongful Death Cases:

• Who Can File: Only the personal representative of the deceased’s estate (executor or court-appointed administrator) can file on behalf of surviving family members.
• Time Limit: You have two years from the date of death to file a lawsuit in New York.
• Recoverable Damages: Economic losses including lost wages, medical bills, funeral costs, and loss of support and services.
• Legal Basis: Must prove the death resulted from another party’s negligence or wrongful act.
• Cost: Most wrongful death attorneys work on contingency, meaning no fee unless you win.

No one should have to experience the tragedy of wrongful death, but sadly, thousands of New Yorkers die from preventable injuries every year. When a loved one’s death results from someone else’s negligence, recklessness, or wrongful conduct, New York law provides a path for families to seek justice and financial compensation. This legal recourse exists because deaths from car accidents, medical malpractice, and construction accidents leave families facing not only profound grief but also devastating financial burdens.

The legal system in New York can feel confusing. Between understanding who can file a claim, what damages you can recover, and navigating strict deadlines, families often struggle to know where to turn. Missing the two-year statute of limitations can forfeit your right to compensation, and accepting an early settlement offer may leave your family with far less than you deserve.

I’m Mark Segal, and as a wrongful death lawyer NYC, I’ve spent decades helping families steer these complex cases. Our firm has handled wrongful death claims arising from construction accidents, medical malpractice, and vehicular accidents throughout New York City’s five boroughs.

What Constitutes a Wrongful Death Claim in New York?

When a preventable death occurs, New York law gives you the right to seek justice and financial compensation through a wrongful death claim. But what exactly makes a death “wrongful” in the eyes of the law?

New York’s Wrongful Death Statute (EPTL §5-4.1) defines it as a death caused by another party’s “wrongful act, neglect or default.” In simple terms, if someone’s careless, reckless, or intentional actions led to your loved one’s death, it is likely a wrongful death.

To prove a claim, we must establish several key elements:

1. A person has died.
2. The death was caused by the negligence or wrongful act of another party (e.g., a distracted driver, a negligent doctor).
3. There is clear causation, meaning the wrongful act directly led to the death.
4. Surviving family members have suffered pecuniary injuries (financial losses).
5. The deceased would have had grounds for a personal injury lawsuit had they survived.

To win a case, we must prove these elements by a preponderance of evidence—showing it’s more likely than not that the defendant’s actions caused the death. As your wrongful death lawyer NYC, we gather the evidence needed to meet this burden of proof.

Wrongful Death Claim vs. Survival Action

New York law allows for two types of legal actions after a preventable death: a wrongful death claim and a survival action. They are often filed together but serve different purposes.

Feature	Wrongful Death Claim	Survival Action
Purpose	Compensates family for their financial losses from the death.	Compensates the estate for the deceased’s experience between injury and death.
Damages	Pecuniary injuries: lost wages, loss of support, funeral costs, medical bills, loss of inheritance, and value of parental guidance.	Conscious pain and suffering the deceased endured, plus their medical expenses and other personal losses before death.
Who Benefits	The family’s claim—surviving spouse, children, and parents who suffered financial harm.	The estate’s claim—funds go to the estate and are distributed per the will or intestacy laws.
Focus	The financial impact of the death on the living family members.	The suffering and losses the deceased person endured before passing away.

Think of it this way: a wrongful death claim addresses your family’s financial losses, while a survival action addresses the conscious pain and suffering your loved one experienced before they passed. For example, after a fatal construction accident, a wrongful death claim would cover the family’s lost income, while a survival action would compensate the estate for the worker’s pain between the injury and his death.

We typically file both claims to ensure your family recovers full compensation for all losses. As your wrongful death lawyer NYC, we handle these legal complexities so you can focus on your family.

The Legal Process for Filing a Claim in NYC

Understanding the legal process for a wrongful death claim in New York City is essential to protecting your family’s rights. The process begins with a crucial first step: appointing a personal representative.

In New York, only the official representative of the deceased’s estate can file a wrongful death lawsuit. This person acts on behalf of the estate and the surviving family members. The personal representative is usually the executor named in the will. If there is no will, the New York Surrogate’s Court will appoint an administrator. This person becomes the legal voice for the claim. Our team helps families with the Surrogate’s Court process to ensure the right person is appointed without delay.

Who Is Eligible to File a Wrongful Death Lawsuit in New York?

While only the personal representative can file the lawsuit, they do so on behalf of the beneficiaries—the family members who suffered financial losses.

Under New York law, the primary beneficiaries are:

• Spouse: A surviving spouse has the strongest claim, having lost a life partner and financial support.
• Children: Biological or adopted children are beneficiaries, as they have lost financial support and parental guidance.
• Parents: Parents can be beneficiaries if the deceased had no surviving spouse or children.

In rare cases, other financially dependent relatives may qualify. The personal representative acts as the captain of the legal claim, while the beneficiaries are the passengers who receive compensation. Our role as your wrongful death lawyer NYC is to guide the entire process to a successful conclusion.

What Is the Statute of Limitations for a wrongful death lawyer NYC?

This is the most critical deadline you must know: you have two years from the date of your loved one’s death to file a wrongful death lawsuit in New York.

This two-year deadline, not from the date of injury but from the date of death, is strictly enforced. If you miss it, your case will almost certainly be dismissed, regardless of the evidence. While New York’s two-year rule has rare exceptions, you should not count on them.

The importance of acting quickly cannot be overstated. Evidence disappears, witnesses’ memories fade, and records become harder to obtain. The sooner you begin, the stronger your case will be.

Furthermore, if a government entity is involved (like a city bus or public hospital), you may need to file a “Notice of Claim” within just 90 days of the incident. This is a prerequisite to filing a lawsuit.

We know legal deadlines feel cruel when you are mourning. That’s why contacting a wrongful death lawyer NYC as soon as possible is so important. We manage the legal timeline, preserve evidence, and protect your family’s rights while you focus on healing. Don’t let this deadline pass and lose your opportunity for justice.

Common Causes of Wrongful Death and Determining Fault in NYC

In a city as active as New York, preventable accidents tragically claim lives, leaving families devastated. As a wrongful death lawyer NYC, we frequently see cases arising from several common scenarios. Identifying the cause is the first step toward holding negligent parties accountable.

• Car Accidents: A leading cause of wrongful death, with hundreds of pedestrians, bicyclists, and motorcyclists killed on NYC streets annually. Common factors include distracted driving, speeding, and impaired driving.
• Construction Accidents: In a city of constant development, falls, falling objects, and equipment failures are tragically common. In 2019, construction accidents accounted for 32% of all workplace fatalities in NYC.
• Medical Malpractice: Preventable deaths can result from misdiagnosis, surgical errors, medication mistakes, and other forms of negligent care from trusted medical professionals.
• Premises Liability: Property owners have a duty to keep their premises safe. Fatalities can occur from slip and fall accidents, inadequate security leading to violent crime, or poorly maintained buildings.
• Workplace Fatalities: Beyond construction, workers in all industries face risks. In 2020, NYC saw 59 workplace fatalities, often stemming from inadequate training, faulty equipment, or safety violations.
• Defective Products: Faulty auto parts, unsafe consumer goods, and other dangerous products can cause fatal injuries, making manufacturers and distributors liable.

Determining fault requires a thorough investigation to identify every party whose negligence contributed to the death. Our team works to build the strongest possible case for your family’s future.

What Happens if the Deceased Is Partially at Fault?

This is a common concern for families. What if your loved one contributed to the accident? Does that prevent you from recovering compensation? The answer is no.

New York is a comparative negligence state. This means that if your loved one was partially responsible, your family’s right to compensation is not eliminated—it is simply reduced proportionally. For example, if total damages are $1 million and your loved one is found to be 25% at fault, your family could recover $750,000.

Defense attorneys and insurance companies will always try to shift as much blame as possible onto the deceased to reduce their payout. Our job as your wrongful death lawyer NYC is to fight these tactics, minimize any fault assigned to your loved one, and maximize your family’s financial recovery.

Recoverable Compensation in a New York Wrongful Death Case

Losing a loved one is an unbearable emotional blow, often accompanied by a significant financial burden. While no amount of money can replace your loved one, a wrongful death claim in New York is designed to provide financial stability for surviving family members.

The law focuses on compensating for “pecuniary injuries,” or economic damages. As New York EPTL §5-4.3 explains, the goal is to provide “fair and just compensation” for the financial harm suffered by those who depended on the deceased.

What Types of Compensation Can Be Recovered?

As your wrongful death lawyer NYC, we work to calculate every economic loss your family has suffered. Compensation can include:

• Lost wages and income: All the money your loved one would have earned, including future raises and benefits.
• Loss of support and services: The economic value of services the deceased provided, such as childcare, household management, and repairs.
• Medical bills incurred before death: Any medical expenses related to the final injury or illness.
• Funeral and burial costs: The expenses associated with the funeral and burial.
• Loss of inheritance: The assets the deceased would have accumulated and passed on to their heirs.
• Value of parental nurturing and guidance: The recognized economic impact of losing a parent’s teaching and support.

Our job is to identify and account for every pecuniary loss your family has endured to secure the full compensation you deserve.

How Are Damages Distributed After a Settlement or Verdict?

Once a claim is resolved, New York law has clear rules for distributing the funds. Any damages recovered for the deceased’s conscious pain and suffering (from a “survival action”) go to the estate and are distributed according to the will or state law.

Pecuniary damages, however, are awarded directly to the beneficiaries based on the financial losses they each experienced. For example, a spouse who lost significant financial support may receive a larger share than an independent adult child. The Surrogate’s Court oversees this distribution to ensure it is fair and follows legal guidelines, as outlined in New York EPTL §5-4.4.

An experienced wrongful death lawyer NYC can steer this complex process, ensuring compensation is distributed properly and protecting your family’s rights.

How an Experienced Wrongful Death Lawyer in NYC Can Help Your Family

When you’re coping with a sudden loss, navigating the legal system is the last thing you need. A seasoned wrongful death lawyer NYC can lift that burden, acting as your family’s dedicated advocate so you can focus on healing.

Here is how our team provides comprehensive support:

• Thorough Investigation: We carefully investigate the circumstances of the death, gathering police reports, medical records, and witness statements to establish how the tragedy occurred.
• Identifying All Liable Parties: It’s common for multiple parties to share blame. We work to pinpoint every individual, company, or entity that played a role, ensuring all are held accountable.
• Evidence Gathering and Preservation: We collect and protect all crucial documents, from financial records that prove lost income to industry safety standards that show negligence.
• Calculating Full Damages: We collaborate with financial analysts to project lost future earnings and calculate the value of lost services, ensuring your compensation reflects the true financial impact of your loss.
• Negotiating with Insurance Companies: We handle all communications with insurance adjusters, protecting you from lowball settlement offers and tactics designed to devalue your claim.
• Litigation and Court Representation: While many cases settle, we are always prepared for trial. Our attorneys are experienced litigators who will vigorously represent your family’s rights in court.

In New York, the Noseworthy doctrine can help in wrongful death cases by allowing a slightly lower burden of proof, since the deceased cannot testify. We also work with a network of knowledgeable professionals, such as accident reconstructionists and medical reviewers, whose insights can be vital in proving negligence and damages. Our experience allows us to pursue wrongful death actions tenaciously to secure the full financial recovery your family deserves.

Frequently Asked Questions about NYC Wrongful Death Claims

Families facing a tragic loss often have similar questions. As your wrongful death lawyer NYC, we want to provide clear, honest answers to help you understand the process.

Can I recover damages for my own grief and emotional suffering?

Unfortunately, under current New York law, the answer is no. The state’s “pecuniary loss” statute, EPTL §5-4.1, focuses exclusively on financial losses. This means you cannot be compensated for your personal grief, mental anguish, or emotional suffering as a surviving family member.

We know this feels deeply unfair. There have been significant efforts to reform this law, such as the proposed “Grieving Families Act,” which would allow for emotional damages. While these efforts have not yet succeeded, we continue to support them. In the meantime, we focus on maximizing every dollar of economic recovery available to your family under the existing legal framework.

How much does it cost to hire a wrongful death lawyer NYC?

Financial worries should not prevent you from seeking justice. We work on a contingency fee basis, which means you face no financial risk.

You pay nothing upfront. We cover all costs of investigation and litigation. Our fee is a percentage of the compensation we recover for you. If we don’t win your case, you owe us nothing. We also offer a free, no-obligation consultation to discuss your case and explain your legal options, so you can get answers without any financial commitment.

How long will my wrongful death case take?

The timeline for a wrongful death case can range from several months to a few years. Several factors influence the duration:

• Case Complexity: Cases with multiple defendants or disputed facts naturally take longer to investigate and resolve.
• Defendant’s Cooperation: If the opposing side negotiates in good faith, a case can be resolved more quickly. If they deny liability or make unreasonable offers, it will take longer.
• Settlement vs. Trial: Most cases settle before trial. If a fair settlement cannot be reached, taking a case to trial will extend the timeline due to court schedules and procedures.

We will always keep you informed of your case’s progress. Our priority is to secure the full, fair compensation your family deserves, not to rush an inadequate settlement.

Finding Justice and Financial Stability After a Tragic Loss

No legal action can bring your loved one back, but a wrongful death claim can provide the financial security your family needs and hold negligent parties accountable. As you consider your next steps, remember your rights under New York law.

If negligence caused your loved one’s death, you have legal recourse. A claim must be filed by the personal representative of the estate on behalf of the beneficiaries. Most importantly, you have only two years from the date of death to file a lawsuit, making it crucial to act promptly. Compensation focuses on economic losses, and even if your loved one was partially at fault, you may still recover damages under New York’s comparative negligence rule.

Navigating this process alone while grieving is an overwhelming burden. An experienced wrongful death lawyer NYC can handle the investigation, negotiations, and legal battles for you. We identify all liable parties, calculate your family’s total losses, and fight for the compensation you deserve.

At Segal & Lax, we have walked alongside grieving families for decades. With over 75 years of combined experience, we offer serious, personalized representation to families across all five boroughs of New York City. We treat you like family, not a case number.

We understand you’re worried about costs, which is why we offer a “no win, no fee” guarantee. You pay nothing unless we successfully recover compensation for your family. We are only successful when you are.

Money cannot replace your loved one, but it can provide stability for your family’s future. It can help pay the mortgage, fund your children’s education, and give you one less thing to worry about. If you’re ready to explore your legal options, we’re here to listen.

Contact us for a free consultation to discuss your legal options. There is no obligation and no pressure—just honest answers and compassionate support. Your family deserves justice. Let us help you find it.