New York Wrongful Death Lawyer

Each year, thousands of people in New York and across the country die in avoidable accidents or intentional acts caused by negligence or wrongful conduct. Whether it’s a devastating car accident, a tragic workplace incident, a deadly fall, or a deliberate act of violence, these incidents leave families shattered and struggling with emotional and financial hardships.

When the death of a loved one is caused by someone else’s negligence, carelessness, or intentional actions, New York law allows surviving family members to seek financial compensation through a wrongful death claim. In such difficult times, contacting an experienced New York wrongful death lawyer can help you understand your legal rights and guide you through the process of seeking justice and financial compensation.

Wrongful death is defined under New York Estates, Powers, and Trusts Law (EPTL) § 5-4.1. It occurs when a person dies due to another’s wrongful act, neglect, or default. The key elements of a wrongful death claim include:

• The death was caused by someone else’s wrongful conduct. This means that the fatal incident resulted from negligent actions, intentional harm, or a failure to exercise reasonable care. Examples include fatal car accidents, medical malpractice, and dangerous property conditions.
• The deceased could have pursued a personal injury claim had they survived. This means that if the person had lived, they would have been legally entitled to seek compensation for their injuries through a personal injury lawsuit.
• Surviving family members have suffered financial losses due to the death. These losses can include lost income, funeral expenses, medical bills, and the loss of services and support provided by the deceased.
• A personal representative has been appointed to file the claim on behalf of the estate. This is typically the executor named in the deceased’s will or an administrator appointed by the court if there is no will.

Understanding these elements is critical because they establish the foundation of a wrongful death claim. Proving each of these elements is necessary to succeed in a wrongful death lawsuit.

Only the personal representative of the deceased person’s estate can file a wrongful death claim in New York. This is typically the executor named in the deceased’s will or an administrator appointed by the court if there is no will. While the representative files the claim, the compensation is for the benefit of the deceased’s distributees, including:

• Surviving spouse
• Children (both minor and adult)
• Parents (if there is no spouse or children)
• Other family members depending on the family structure

It is a common misconception that a surviving spouse automatically has the right to file a wrongful death claim. In reality, that is not the case.

In Hernandez v. George, 2021 N.Y. Slip Op. 33798(U) (Sup. Ct. Nassau Cnty. 2021), Mamie L. Hernandez filed claims for medical malpractice and wrongful death following her husband’s death, but she had not yet been appointed administrator of his estate. Under EPTL § 5-4.1, only a duly appointed personal representative may bring a wrongful death claim. The court held that Hernandez lacked the legal capacity to sue under CPLR § 3211(a)(3) and dismissed the case. However, the dismissal was without prejudice. The court allowed her to refile the action under CPLR § 205(a), which provides a six-month window to recommence the lawsuit after dismissal, provided she obtains proper legal authority during that time.

If your loved one passed away due to someone else's negligence, contact an experienced New York wrongful death lawyer. They will guide you through the process of filing a wrongful death lawsuit, ensuring that the claim is filed by the properly appointed personal representative, as required by New York law.

Wrongful death claims can arise from a wide range of incidents, each with unique circumstances. Some of the most common types of accidents leading to wrongful death claims include:

• Motor Vehicle Accidents: These include car, truck, motorcycle, bicycle, and pedestrian accidents. Fatal crashes can result from driver negligence, reckless driving, drunk driving, speeding, or distracted driving. Families of victims in these cases may seek compensation from the at-fault driver or other responsible parties.

  In Spivak v. Heyward, 248 A.D.2d 58 (N.Y. App. Div. 1998), the decedent died in a car accident when the defendant, Timothy M. Heyward, fell asleep while driving, causing the vehicle to veer off the road and down an embankment. The plaintiffs filed a wrongful death lawsuit, arguing that Heyward's act of falling asleep at the wheel constituted negligence. The Appellate Division, Second Department, agreed and adopted the rule that falling asleep at the wheel creates a rebuttable presumption of negligence. The court explained that it is unreasonable to assume a driver can fall asleep without any warning, and a driver who falls asleep is presumed negligent unless they provide competent evidence to excuse or explain their conduct. Because Heyward admitted to falling asleep and did not present evidence to rebut the presumption of negligence, the court ruled in favor of the plaintiffs, granting summary judgment on the issue of liability.

• Medical Malpractice: These claims arise when a healthcare provider’s negligence causes a patient’s death. Examples include misdiagnosis, surgical errors, medication mistakes, and failure to provide proper treatment. Medical facilities, doctors, nurses, and other medical professionals may be held liable.

  In Powell v. Oudkerk, 2025 NY Slip Op 02233, the plaintiff, as the administrator of the decedent’s estate, alleged that the decedent died due to medical malpractice by Brookdale Hospital Medical Center and Dr. Akeem Atanda, who failed to properly diagnose and treat deep vein thrombosis (DVT). The decedent was admitted to Brookdale after being struck by a motor vehicle and was treated by Dr. Atanda. Despite presenting symptoms that placed her at high risk for DVT, the hospital staff did not perform appropriate diagnostic tests to rule out the condition. The decedent was discharged but returned to the hospital days later in cardiac arrest and died. An autopsy revealed that her death resulted from a pulmonary embolism caused by DVT. Judge Ellen M. Spodek of the Supreme Court, Kings County denied the defendants' motion for summary judgment on the wrongful death and medical malpractice claims.

• Construction Accidents: Fatalities can occur on construction sites due to falls, electrocution, being struck by falling objects, or equipment malfunctions. These claims may involve multiple parties, including general contractors, subcontractors, and equipment manufacturers.
• Premises Liability: Property owners may be held responsible for fatal accidents caused by unsafe conditions on their property. Examples include slip and fall accidents, inadequate security leading to violent crime, swimming pool accidents, and structural collapses.
• Defective Products: Wrongful death can result from dangerous or defective products, including consumer goods, automotive parts, and medical devices. Manufacturers, distributors, and retailers may be held liable if a defective product causes a fatal injury.
• Nursing Home Negligence: Elderly residents may suffer fatal injuries due to abuse, neglect, or medical errors in nursing homes or assisted living facilities. Facilities can be held accountable for failing to provide proper care or supervision.

• Workplace Accidents: Fatal accidents can occur in various work environments, particularly in construction, manufacturing, and industrial settings. While workers' compensation may apply, third-party claims may also be possible if another party’s negligence caused the death.

  In Kosta v. WDF, Inc., 2018 NY Slip Op 51306(U), the plaintiffs filed a wrongful death lawsuit after Gennaro Montello, an employee of the New York City Department of Environmental Protection (DEP), died due to injuries sustained during a workplace accident at the Owl's Head Water and Treatment Plant. Montello was fatally injured when a conveyor, modified with wheels to make it portable, collapsed while being moved. The plaintiffs alleged negligence against multiple parties, including WDF, Inc., the contractor responsible for purchasing, assembling, and installing the conveyors, and other entities involved in the design and safety of the conveyors.

  The court found that WDF was aware of the instability of the modified conveyors but failed to secure them properly, leading to a dangerous condition that caused the accident. The court held WDF liable for negligence under New York Labor Law § 200, which requires employers to maintain a safe working environment. The decision emphasized that the existence of a known hazard, coupled with a failure to take corrective action, constituted a breach of the duty of care. The case highlighted the importance of proper workplace safety measures and the liability of contractors who fail to address known dangers.

• Criminal Acts: Wrongful death claims do not always arise from accidents caused by negligence. They may arise from intentional acts, such as homicide or assault. Even if the perpetrator faces criminal charges, a separate civil claim may be filed by the victim’s family.

  For example, in Jones v. State of New York, 33 N.Y.2d 275 (1973), Lynda Jones, as the administratrix of the estate of Herbert W. Jones, Jr., filed a wrongful death lawsuit against the State of New York, alleging that her husband was intentionally killed by a State trooper during the Attica prison uprising. Jones claimed that a State trooper, acting with intentional force, shot and killed her husband without cause or provocation. The New York Court of Appeals held that the wrongful death claim based on an intentional tort could proceed because the State had waived sovereign immunity for the intentional torts of its agents under the Court of Claims Act. The court emphasized that the claim was not based on negligence but on an intentional assault, making it a valid wrongful death claim.

Losing a loved one is devastating, and seeking compensation may not be the first thing on your mind. However, a wrongful death claim can provide the financial support needed to cover expenses and secure your family’s future.

Determining who can be sued in a wrongful death claim depends on the circumstances of the incident. Potential defendants may include:

• Negligent Drivers: In fatal motor vehicle accidents, the at-fault driver can be held accountable.
• Healthcare Providers: Doctors, nurses, hospitals, and other medical professionals may be liable for wrongful death caused by medical malpractice.
• Property Owners: Landlords, business owners, and homeowners may be sued for unsafe conditions leading to fatal accidents.
• Product Manufacturers: Companies that design, produce, or sell defective products that cause death can be held liable.
• Employers or Contractors: In fatal workplace accidents, third-party contractors or other companies may be held responsible.
• Criminal Offenders: Those who commit intentional acts of violence, such as assault or homicide, can also face wrongful death claims.

Identifying the appropriate defendant is a critical step in a wrongful death case. Consulting with an experienced New York wrongful death lawyer can help ensure that all liable parties are identified and held accountable.

New York law limits wrongful death damages to financial losses suffered by the distributees. These may include:

• Funeral and Burial Expenses: Families may recover the costs associated with the deceased's funeral, burial, or cremation. This includes expenses for the service, casket, urn, and other related costs. These expenses can quickly become overwhelming for grieving families.
• Medical Expenses: Families can seek compensation for medical bills related to the deceased's final injury or illness. This may include hospital bills, emergency room charges, doctor fees, surgery costs, and other medical expenses. These bills can accumulate quickly, even if the deceased did not survive for long.
• Lost Wages and Benefits: Families can recover the income the deceased would have earned had they lived, including salary, bonuses, and benefits. This may also include the value of lost pension or retirement benefits. Calculating these damages requires careful analysis of the deceased’s expected career path.
• Loss of Parental Guidance, Care, and Nurturing: If the deceased was a parent, surviving children may receive compensation for the loss of parental care, guidance, and emotional support. This is particularly important for young children who have lost a source of love and advice. The loss can impact a child’s emotional and psychological well-being.
• Loss of Services and Support: Families can recover the value of services the deceased provided, such as childcare, household chores, or other support. For example, if the deceased handled home maintenance, childcare, or elder care, the cost of replacing those services can be recovered. This ensures that the family is not financially burdened by the loss of these essential services.

In addition to seeking wrongful death damages, the personal representative of the deceased's estate can include a survivor claim within the same lawsuit. A survivor claim is not a separate legal action but is part of the overall wrongful death claim brought by the personal representative on behalf of the estate. This claim seeks compensation for the conscious pain and suffering that the deceased experienced before passing away. Any compensation recovered under a survivor claim is paid to the deceased’s estate and distributed according to the terms of the will or, if there is no will, according to New York’s intestacy laws.

Families who lose a loved one due to someone else’s negligence may be left facing significant financial burdens. Recovering damages in a wrongful death case can help cover those losses, ensuring that the surviving family is not left struggling. If you have lost a loved one, contact an experienced New York wrongful death lawyer to learn about your legal options and pursue the compensation you deserve.

In New York, a wrongful death lawsuit must generally be filed within two years from the date of death, as established by EPTL § 5-4.1. However, there are important exceptions to this general rule that families should be aware of:

• Medical Malpractice (CPLR § 214-a): If the wrongful death resulted from medical malpractice, the claim must generally be filed within two years and six months from the date of the malpractice, not the date of death. This deadline applies even if the deceased passed away after the malpractice occurred. However, there are limited exceptions, such as cases involving foreign objects left inside the body, where the statute of limitations may begin from the date the object is discovered.
• Criminal Acts (EPTL § 5-4.1): If the wrongful death was caused by a criminal act, such as homicide, the statute of limitations may be extended to one year from the end of the criminal prosecution. This means that families may have additional time to file a wrongful death claim if a criminal case is ongoing.
• Claims Against Government Entities (General Municipal Law § 50-e and § 50-i): When a wrongful death claim is filed against a government entity, such as a city, county, or state agency, strict deadlines apply. Families must first file a Notice of Claim within 90 days of the death, and the lawsuit must be filed within one year and 90 days. Missing these deadlines can prevent families from pursuing compensation.

The statute of limitations is critical in wrongful death cases because failing to file within the required time frame can result in losing the right to seek compensation. If you have lost a loved one due to someone else's actions, contact an experienced wrongful death attorney serving New York to ensure your claim is filed on time.

If you have lost a loved one due to someone else's negligence or wrongdoing, you may be entitled to financial compensation. Contact Stephen Bilkis & Associates today for a free consultation. Our experienced wrongful death attorneys in New York will help you understand your legal options, guide you through the legal process, and fight for the compensation you and your family deserve.

Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve clients in the following locations: Manhattan, Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Nassau County, and Queens.