New York City Wrongful Death Lawyer

Understanding Wrongful Death Claims in New York City

A wrongful death occurs when a person dies as a result of another party’s negligence, recklessness, or intentional wrongful act. Under New York Estates, Powers and Trusts Law (EPTL) § 5-4.1, a wrongful death claim allows the deceased person’s family members to seek compensation for the losses they suffered due to their loved one’s death.

To establish a wrongful death claim in New York City, your attorney must prove four key elements of negligence:

• Duty of Care: The defendant owed a legal duty of care to the deceased person. For example, drivers owe a duty to operate their vehicles safely. Doctors owe a duty to provide competent medical care. Property owners owe a duty to maintain safe premises.
• Breach of Duty: The defendant breached that duty through negligent, reckless, or intentional conduct. This could include a driver running a red light. It could involve a surgeon making a preventable error. It might include a property owner failing to repair a known hazard.
• Causation: The defendant’s breach of duty directly caused the death of your loved one. There must be a clear connection between the defendant’s actions and the fatal outcome.
• Damages: The death resulted in measurable losses to the surviving family members. These include loss of financial support, loss of guidance and companionship, and funeral expenses.

New York’s wrongful death statute provides a legal avenue for families to hold negligent parties accountable. It allows families to recover compensation for their losses. At Parker Waichman LLP, our attorneys conduct thorough investigations to gather evidence. We consult with witnesses. We build strong cases that demonstrate each element of negligence. We understand that no amount of money can replace your loved one. However, financial compensation can help ease the burden and provide security for your family’s future.

Common Causes of Wrongful Death in New York City

Wrongful deaths in New York City occur in many different circumstances. Our attorneys have represented families whose loved ones died due to various forms of negligence and misconduct, including:

Motor Vehicle Accidents: New York City’s congested streets, heavy traffic, and high pedestrian volume create dangerous conditions. These conditions lead to fatal accidents. Car accidents, truck accidents, motorcycle crashes, pedestrian accidents, and bicycle accidents claim hundreds of lives each year in NYC. Negligent drivers who speed, drive while distracted or intoxicated, run red lights, or violate traffic laws can be held liable for wrongful death.

Medical Malpractice: When healthcare providers fail to meet accepted standards of care, the consequences can be fatal. Medical malpractice wrongful deaths may result from surgical errors. They may involve misdiagnosis or delayed diagnosis of serious conditions. Medication errors, anesthesia mistakes, birth injuries, and failure to properly monitor patients also cause wrongful deaths. New York City’s numerous hospitals and medical facilities treat millions of patients annually. Unfortunately, medical errors occur with tragic frequency.

Construction Site Accidents: New York City’s ongoing construction boom creates hazards for workers and the public. Construction site wrongful deaths often involve falls from heights. They include scaffolding collapses, crane accidents, electrocution, being struck by falling objects, and equipment malfunctions. New York Labor Law provides important protections for construction workers and their families.

Workplace Accidents: Beyond construction sites, workplace accidents occur in warehouses, factories, retail establishments, and other work environments throughout NYC. Employer negligence, unsafe working conditions, inadequate training, and defective equipment can all lead to fatal workplace injuries.

Premises Liability: Property owners in New York City have a legal duty to maintain safe conditions for visitors and tenants. Premises liability wrongful deaths may result from slip and fall accidents. They may involve inadequate building maintenance, falling debris from buildings, inadequate security leading to violent crimes, elevator and escalator accidents, and building code violations.

Defective Products: Manufacturers, distributors, and retailers can be held liable when defective products cause fatal injuries. Product liability wrongful deaths may involve defective vehicles and auto parts. They may include dangerous pharmaceutical drugs, defective medical devices, hazardous consumer products, and products lacking adequate safety warnings.

Nursing Home Abuse and Neglect: Elderly residents in New York City nursing homes and assisted living facilities deserve proper care and protection. Nursing home abuse and neglect wrongful deaths may result from neglect. They may involve medication errors, falls due to inadequate supervision, malnutrition and dehydration, untreated infections, and physical abuse.

No matter how your loved one died, if another party’s negligence contributed to the death, you may have grounds for a wrongful death claim. The attorneys at Parker Waichman LLP have extensive experience handling all types of wrongful death cases in New York City. We work with accident reconstruction professionals, medical professionals, economists, and other specialists. We thoroughly investigate the circumstances of your loved one’s death. We identify all liable parties.

Who Can File a Wrongful Death Lawsuit in New York?

New York’s wrongful death law differs from many other states in important ways. Understanding who can file a claim and who can receive compensation is important for protecting your family’s rights.

The Role of the Personal Representative

Under EPTL § 5-4.1, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit in New York. The personal representative is either:

• Executor: If the deceased person left a valid will, the executor named in the will acts as the personal representative.
• Administrator: If the deceased person died without a will (intestate), the court appoints an administrator to act as the personal representative.

The personal representative files the wrongful death lawsuit on behalf of the deceased person’s beneficiaries. This requirement helps streamline the legal process. It prevents conflicting claims. It provides a single lawsuit rather than multiple separate claims by different family members.

Eligible Beneficiaries

While only the personal representative can file the lawsuit, the compensation recovered goes to the deceased person’s eligible beneficiaries. Under New York law, beneficiaries typically include:

• Surviving Spouse: The deceased person’s husband or wife at the time of death.
• Children: All biological and legally adopted children of the deceased, including adult children.
• Parents: If the deceased person had no spouse or children, the parents may be beneficiaries.
• Siblings: In limited circumstances where there is no surviving spouse, children, or parents, siblings may qualify as beneficiaries.

The distribution of wrongful death proceeds follows New York’s intestacy laws. These laws determine how assets are divided among family members. The court oversees the distribution to provide each beneficiary receives their appropriate share. Distribution is based on their relationship to the deceased and their financial dependence.

If you need to file a wrongful death claim but have not yet been appointed as personal representative, the attorneys at Parker Waichman LLP can guide you through the estate administration process. We work closely with families to provide all legal requirements are met. We help provide the wrongful death claim is filed properly and on time.

Compensation Available in New York City Wrongful Death Cases

New York follows a “pecuniary loss” standard for wrongful death damages, as outlined in EPTL § 5-4.3. This means that compensation is limited to the financial losses suffered by the beneficiaries as a result of their loved one’s death. Understanding what damages you can recover is important for providing your family receives fair compensation.

Loss of Financial Support and Earnings

One of the primary components of wrongful death damages is the loss of financial support the deceased would have provided to their family. This includes:

• The deceased person’s expected future earnings over their working life
• Employment benefits such as health insurance, retirement contributions, and other benefits
• The value of household services the deceased provided, such as childcare, home maintenance, and other contributions

Economic professionals calculate these losses by considering the deceased person’s age, occupation, earning capacity, work-life expectancy, and the financial needs of the surviving family members.

Loss of Services, Guidance, and Nurture

New York law recognizes that family members lose more than just financial support when a loved one dies. Beneficiaries can recover compensation for:

• Loss of parental guidance and nurture for children who lost a parent
• Loss of advice, counsel, and moral support
• Loss of household services and contributions to family life

These damages acknowledge the non-economic but still measurable value that the deceased person provided to their family.

Medical Expenses Prior to Death

If your loved one received medical treatment before their death, the wrongful death claim can include compensation for:

• Hospital bills and medical care
• Emergency transportation costs
• Surgical procedures and medications
• Rehabilitation and therapy costs

These expenses are recoverable even if insurance paid them. They represent economic losses to the estate.

Funeral and Burial Costs

The wrongful death claim includes reasonable funeral, burial, or cremation expenses. These costs can be substantial. New York law allows families to recover them as part of the wrongful death damages.

Loss of Inheritance

Beneficiaries may recover compensation for the loss of inheritance they would have received if their loved one had lived a normal life expectancy. This calculation considers what the deceased person would have accumulated and passed on to their heirs.

Pain and Suffering: The Survival Action

It is important to understand that New York’s wrongful death statute does not allow recovery for the deceased person’s pain and suffering before death. However, a separate legal claim called a “survival action” allows the estate to recover damages for:

• The deceased person’s conscious pain and suffering from the time of injury until death
• Medical expenses incurred by the deceased
• Lost earnings from the time of injury until death

A survival action is filed by the personal representative along with the wrongful death claim. Together, these two claims provide more comprehensive compensation for the losses suffered by both the deceased person and their surviving family members.

The attorneys at Parker Waichman LLP work with economic professionals, medical professionals, and life care planners. We accurately calculate the full value of your wrongful death claim. We provide all recoverable damages are included in your claim. This helps your family receive the maximum compensation available under New York law.

New York’s Wrongful Death Statute of Limitations

Time is a critical factor in wrongful death cases. New York law imposes strict deadlines for filing wrongful death lawsuits. Missing these deadlines can permanently bar your family from recovering compensation.

General Two-Year Deadline

Under New York law, a wrongful death lawsuit must generally be filed within two years from the date of death. This deadline applies regardless of when the negligent act occurred. For example, if your loved one was injured in an accident but died several months later, the two-year period begins on the date of death, not the date of the accident.

Medical Malpractice Exception

Wrongful death cases arising from medical malpractice have a slightly longer deadline. In these cases, the lawsuit must be filed within two years and six months from the date of death.

Criminal Proceedings Exception

If criminal charges were filed against the person responsible for your loved one’s death, the statute of limitations may be extended. In such cases, you may have one year from the termination of the criminal proceedings to file a wrongful death lawsuit. This applies even if the standard two-year period has already expired.

Why Acting Quickly Matters

Beyond the legal deadlines, there are practical reasons to consult with a wrongful death attorney as soon as possible:

• Evidence Preservation: Critical evidence such as accident scene photographs, surveillance video, and physical evidence can be lost or destroyed over time. Prompt investigation helps preserve this evidence.
• Witness Memories: Witness recollections fade over time. Interviewing witnesses soon after the incident provides more accurate and detailed testimony.
• Document Availability: Medical records, employment records, and other important documents may become harder to obtain as time passes.
• Insurance Claim Deadlines: Insurance policies often have their own notice and claim filing requirements. These requirements are shorter than the statute of limitations.

At Parker Waichman LLP, we understand that grieving families need time to process their loss. However, we encourage you to contact us as soon as you are able. This allows us to begin protecting your legal rights. Our attorneys handle all aspects of the investigation and legal process while you focus on healing and supporting your family.

How Parker Waichman LLP Handles Wrongful Death Cases

When you choose Parker Waichman LLP to represent your family in a wrongful death case, you gain a dedicated legal team. We have the resources, experience, and commitment to pursue justice on your behalf. Our approach to wrongful death litigation includes:

Comprehensive Investigation and Evidence Gathering

We begin every wrongful death case with a thorough investigation. We work to understand exactly what happened and who bears responsibility. Our attorneys:

• Visit accident scenes to document conditions and gather physical evidence
• Obtain police reports, medical records, employment records, and other relevant documents
• Interview witnesses to gather detailed accounts of the incident
• Preserve surveillance video, photographs, and other time-sensitive evidence
• Review applicable regulations, safety standards, and industry practices
• Identify all potentially liable parties, including individuals, businesses, and insurance companies

Collaboration with Professional Witnesses

Complex wrongful death cases require professional knowledge. We work with qualified professionals including:

• Medical Professionals: To explain injuries, causes of death, and whether medical care met accepted standards
• Accident Reconstruction Professionals: To analyze how accidents occurred and who was at fault
• Economic Professionals: To calculate the financial losses suffered by surviving family members
• Vocational Professionals: To assess the deceased person’s earning capacity and career trajectory
• Life Care Planners: To determine the value of services and support the deceased would have provided

These professionals provide testimony and reports that strengthen your case. They help demonstrate the full extent of your family’s losses.

Strong Negotiation with Insurance Companies

Insurance companies often attempt to minimize payouts on wrongful death claims. Our attorneys have extensive experience negotiating with insurance adjusters and defense lawyers. We:

• Present compelling evidence of liability and damages
• Counter lowball settlement offers with detailed documentation of your losses
• Refuse to accept inadequate settlements that do not fully compensate your family
• Leverage our trial experience to demonstrate our willingness to take cases to court if necessary

Many wrongful death cases settle through negotiation. However, we prepare every case as if it will go to trial. This helps us negotiate from a position of strength.

Trial Preparation and Courtroom Experience

When settlement negotiations do not produce fair results, we are fully prepared to take your case to trial. Parker Waichman LLP attorneys have tried numerous personal injury and wrongful death cases in New York courts. Our trial preparation includes:

• Developing persuasive legal arguments and trial strategies
• Preparing witnesses for testimony
• Creating compelling visual presentations and demonstrative evidence
• Anticipating defense arguments and preparing effective responses
• Presenting your family’s story in a way that resonates with judges and juries

Our track record of substantial verdicts and settlements demonstrates our ability to achieve results both in and out of the courtroom.

Compassionate Client Communication

We recognize that wrongful death cases involve more than just legal issues. They involve families dealing with profound loss and grief. Throughout the legal process, we:

• Maintain regular communication to keep you informed of case developments
• Explain legal procedures and options in clear, understandable terms
• Respond promptly to your questions and concerns
• Treat you and your family with respect, empathy, and dignity
• Handle all legal matters so you can focus on healing and supporting your family

No Upfront Costs: Contingency Fee Representation

Parker Waichman LLP handles wrongful death cases on a contingency fee basis. This means:

• You pay no attorney fees unless we recover compensation for your family
• We advance all case expenses, including professional fees, court costs, and investigation expenses
• Our fee is a percentage of the recovery, so we only get paid when you do
• You can pursue justice without financial risk or upfront costs

We offer a free, no-obligation consultation to evaluate your case and explain your legal options. Contact our New York City office at (212) 267-6700 to schedule your consultation today.

Frequently Asked Questions About Wrongful Death Claims in NYC

Contact Parker Waichman LLP Today

If you lost a loved one due to someone else’s negligence in New York City, you do not have to face this difficult time alone. The wrongful death attorneys at Parker Waichman LLP are here to help your family pursue justice. We work to obtain the compensation you deserve.

New York City Office:

We work with clients throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, Westchester County, and all of New York State. Our attorneys are ready to fight for your family’s rights. We help you through this challenging time.