Search Site
Menu
225 Broadway, 3rd Floor | New York, New York 10007 | To view all locations click here
Call THE CASE HANDLER--for a Consultation 929-223-4195
Wrongful Death

New York Wrongful Death Lawyer

Compassionate Counsel for Your Family’s Time of Need

Family members can file a wrongful death claim when their loved one dies through the negligence or wrongdoing of another person or corporation. This type of claim allows the deceased’s estate or surviving family members to seek monetary damages from the guilty party.

Although no amount of money can ever compensate you for your loss, a wrongful death claim is a means to seek justice for your loved one, hold responsible parties accountable, and recover compensation for your family’s future.

 

What Types of Accidents Can Lead to Wrongful Death?

Wrongful death can be caused by many different factors and situations, such as:

  • Motor vehicle accidents: A total of 36,560 people in the U.S. were killed in traffic crashes in 2018, as reported by the National Highway Traffic Safety Administration (NHTSA). Car accidents, truck accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents are leading causes of wrongful death.
  • Medical malpractice: Nearly $4 billion was paid out for medical malpractice claims in the U.S. in the most recent year for which data is available, as stated in the Diederich Healthcare 2018 Medical Malpractice Payout Analysis – 30% of that sum was paid out for medical malpractice resulting in death.
  • Construction accidents: Construction has a higher fatality rate than any other private-industry occupation. Out of 4,674 worker fatalities in the most recent year for which statistics are available, 971 (20.7%) occurred in construction. Falls are the number-one cause of worker death in the construction industry.
  • Premises liability: At any given time in New York City, there are many buildings under construction throughout the five boroughs. When property owners are negligent in maintaining their properties, it puts the public at risk. Hazardous conditions can lead to serious, catastrophic, or fatal injuries for legal visitors at a store, office, or home.

 

Who Can File a Wrongful Death Claim in New York?

Only the following persons can bring a wrongful death claim New York:

  • Surviving spouse of the deceased
  • Child of the deceased
  • Parent of the deceased
  • The personal representative of the estate of the deceased

 

What Damages Can Be Claimed for Wrongful Death?

Damages awarded in a wrongful death claim will depend on the particular facts of the case. Commonly awarded damages include:

  • Funeral and burial expenses
  • Medical, nursing, and other healthcare expenses related to the final injury or illness of the deceased
  • Wages and benefits lost between the final injury or illness and the death of the victim
  • Conscious pain and suffering endured by the deceased related to the final injury or illness
  • Value of support and services the deceased provided to family members
  • Value of parental care, nurturing, and guidance to surviving children
  • Lost inheritance suffered by surviving children
  • Interest on damages awarded, calculated from the date of death

Under NY state law, family members of a deceased victim are not allowed to recover damages for their own pain and suffering, mental anguish, or loss of companionship – not even children of the person who was killed. In New York, only economic damages are recoverable in a wrongful death lawsuit, except for the conscious pain and suffering experienced by the victim before death as a result of the accident or injury.

 

What Are the Elements of a Wrongful Death Claim?

A wrongful death claim can only be brought if the victim would have had a valid personal injury claim against the responsible party had he or she lived. To recover damages for wrongful death, your attorney must show that the defendant acted negligently or wrongfully and that the defendant’s negligence or wrongdoing caused the victim’s death. It must also be shown that there are surviving distributees, children, or dependents of the deceased victim, and that his or her death resulted in monetary damages.

 

How Long Do You Have to File a Wrongful Death Claim?

The statute of limitations (time limit imposed by law) for wrongful death is two years in New York. If your claim is not filed within that time period, it will be forever barred. If you have lost a loved one through someone else’s negligence or wrongdoing, it is in your best interest to speak with an experienced lawyer as soon as possible.

Call The Case Handler at 929-223-4195. Our New York personal injury attorneys at Pollack, Pollack, Isaac & DeCicco, LLP can provide compassionate and effective representation in your wrongful death claim.

 

Recent Settlements
  • Over $100 Million Recovered

    Helping Injured Victims in New York and New Jersey Since 2004

  • $5,200,000 Settlement

    CONSTRUCTION WORKER FALLS ON HEAD FROM SCISSOR LIFT

  • $5,000,000 Settlement

    PASSENGER STRUCK BY MTA BUS DOOR

  • $3,889,000 Verdict

    MTA BUS ACCIDENT RESULTS IN LEG FRACTURE

  • $3,400,000 Settlement

    PASSENGER INJURED IN VEHICLE

  • $2,650,000 Settlement

    PEDESTRIAN HIT BY CAR

  • $2,550,000 Verdict

    REAR-END ACCIDENT

  • $2,000,000 Settlement

    FAILURE TO PROPERLY MONITOR PATIENT DURING PROCEDURE

  • $1,950,000 Settlement

    TRIP & FALL ACCIDENT DUE TO CITY NEGLIGENCE

  • $1,875,000 Settlement

    PEDESTRIAN STRUCK BY BUS

  • $1,800,000 Settlement

    PEDESTRIAN STRUCK BY FORKLIFT

  • $1,700,000 Settlement

    REAR-END ACCIDENT RESULTS IN KNEE SURGERY

  • $1,697,500 Settlement

    SINGLE CAR ACCIDENT DUE TO OPEN MANHOLE

  • $1,500,000 Verdict

    REAR-END CAR ACCIDENT

  • $1,075,000 Settlement

    CONSTRUCTION WORKER SCAFFOLD FALL

Adam Handler Esq. Attorney Photo
Adam Handler Esq.
Partner

Since 2004, I have been obtaining justice for accident victims by making sure they receive full compensation for their injury, medical bills and loss of income. To date, the total recovery for my clients has been over $100 million dollars. The law provides for a one-time recovery in personal injury actions making your choice of personal…

Matthew Goodstein Esq. Attorney Photo
Matthew Goodstein Esq.
Attorney

I have been fighting for the rights of victims since 2008, whether it be for the rights of those injured in accidents, those injured in workplace accidents, or crime victims.  I believe that the best resolutions come from attorneys that are invested in their clients – and that is the type of relationship that The…

Conrad E. Pollack, Esq. Attorney Photo
Conrad E. Pollack, Esq.
Managing Partner

Biography CONRAD E. POLLACK is the Managing Partner and head of the immigration department at Pollack, Pollack, Isaac & DeCicco, LLP.  In 1981, Mr. Pollack graduated Magna Cum Laude from New York University, receiving the NYU Founders' Day Award for academic excellence.  He also graduated Phi Beta Kappa (the nation's most prestigious and selective academic society).…

Nelson A. Madrid, Esq. Attorney Photo
Nelson A. Madrid, Esq.
Partner

Biography NELSON A. MADRID is a partner with the law firm of Pollack, Pollack, Isaac & DeCicco, LLP.  Mr. Madrid has extensive experience representing clients before the Executive Office for Immigration Review (Immigration Courts), the Board of Immigration Appeals, and the United States Citizenship and Immigration Services. Mr. Madrid is admitted and a member of:…

RADIO SHOW
  • Cruising With The Case Handler is a live show with David "Squeeze" Annakie weekdays during the morning commute at 8:30am, Saturdays at 7pm & Sundays at 12pm on WVIP 93.5 FM & Facebook LIVE.

FREE CASE EVALUATION

Your submission is confidentially reviewed by Adam Handler – The Case Handler

Quick Contact Form