Your Trusted New York Wrongful Death Attorneys

When a loved one passes away due to someone else's negligence, the emotional pain, unexpected financial burdens and uncertainty of how to seek justice, can leave you feeling utterly overwhelmed and alone.

Wrongful death cases can be complex. Families facing aggressive insurance tactics and strict legal deadlines. Auto accidents, medical negligence, construction accidents, and other negligent acts lead to over thousands of wrongful deaths each year in New York. Without experienced legal representation, families often settle for a fraction of what they deserve.

At Raphaelson & Levine, our experienced wrongful death attorneys have given a voice to families impacted by a wrongful death for over 33 years. Recognized as a 'Best Law Firm in New York City' by Best Lawyers®, the dedication we show to each family member we serve has earned our firm a 99% client satisfaction rate, over 600 5-star reviews from local clients, and over $1 Billion dollars in verdicts and settlements.

If you've lost a loved one in a tragic accident due to a negligent act by a driver, supervisor, medical professional, or municipality, an experienced wrongful death lawyer at Raphaelson & Levine can help. Our team understands the local courts, knows the tactics insurance companies use, and fights relentlessly for maximum compensation.

Call 212-268-3222 today or contact us online for a free consultation.

Understanding Wrongful Death Cases in New York

A wrongful death case exists when someone's careless actions, or failure to act when they should have, directly caused your loved one's death (NY EPT § 5-4.1). New York law calls this a "wrongful act, neglect, or default," but we prefer to explain it in simpler terms.

Think of it this way: If your loved one had survived their injuries, they would have had the right to sue the person (or entity) responsible for compensation. Since they can't pursue that case themselves, New York law allows their family to step forward and seek justice on their behalf.

We've represented hundreds of families. A father killed by a drunk driver who ran a red light. A mother who died from a misdiagnosed heart attack because the emergency room was understaffed. A construction worker who fell from scaffolding that wasn't properly secured. An elderly resident who died in a nursing home fire because staff ignored safety violations.

In each case, someone's negligence directly caused a preventable death. A failure to drive safely, provide proper medical care, maintain safe working conditions, or follow fire safety rules.

What many families don't realize is the victim's estate must formally appoint someone to bring the wrongful death lawsuit. This person, called a "personal representative," becomes the legal voice for your loved one and your family's interests.

Often, this is a surviving spouse or adult child, but the family has to go through Surrogate Court to make it official.

We know this sounds complicated when you're grieving. That's exactly why families need experienced attorneys who understand both the legal requirements and the emotional weight of these cases. We handle the legal procedures so you can focus on healing while still fighting for the justice your loved one deserves.

We've Helped Families Through All Types Of Fatal Accident Cases

At Raphaelson & Levine, we have witnessed the devastating impact that negligence and wrongful acts can have on families.

Some of the most common types of fatal accidents we've litigated in New York include:

• Fatal Motor Vehicle Accidents: These involve car, truck, motorcycle, bicycle, or pedestrian deaths often caused by reckless driving, speeding, distracted driving, or driving under the influence.
• Medical Malpractice: Death caused by healthcare provider errors, such as surgical errors, misdiagnosis, medication mistakes, delayed treatment, birth injury, medication errors, or failure to provide appropriate care. Medical errors and negligent conduct by healthcare providers is a leading cause of York wrongful death cases.
• Fatal Construction Accidents: Deaths of workers or bystanders due to falls, equipment failures, or site safety violations at construction sites.
• Workplace Accidents: Fatal injuries in non-construction work settings, such as factories or warehouses, often resulting from machinery accidents, lack of safety protocols, or employer negligence.
• Premises Liability (Unsafe Property Conditions): Fatal injuries from hazards on someone's property, including slip and falls, drownings, building collapses, fires, or inadequate security.
• Defective Products: Deaths resulting from dangerously designed or manufactured consumer products, auto parts, or medical devices.
• Nursing Home Negligence or Abuse: Deaths of elderly or vulnerable individuals due to neglect, poor medical care, or abuse by staff in care facilities.
• Criminal Acts (Homicide, Assault): Deaths that are the result of intentional acts of violence, such as shootings, stabbings, or assaults by individuals including situations involving a police officer; civil suits may proceed regardless of criminal prosecution outcomes.
• Public Transportation Accidents: Fatalities involving MTA buses, subways, taxis or trains, often due to operator negligence, poor maintenance, or unsafe conditions.
• Bicycle Accidents & Pedestrian Accidents: Deaths of cyclists or pedestrians fatally struck by vehicles, common in our densely populated city areas with high traffic and foot activity.

If you believe your loved one's death was caused by a negligent act or wrongful conduct of another, you may be entitled to compensation. We are committed to providing compassionate support and aggressive legal representation on behalf of lives tragically lost in devastating accidents.

How Long Do I Have To File A Wrongful Death Claim in New York?

Generally, you have two years from the date of death to file a wrongful death lawsuit, but the specific timeframe can vary significantly depending on the circumstances and who may be the responsible party.

New York's wrongful death statute of limitations begins ticking immediately after your loved one's death. In our experience, families often feel overwhelmed trying to understand the legal deadlines while grieving, especially when they're also dealing with health insurance claims and funeral arrangements.

Wrongful Death Claims Involving Medical Malpractice

The time limit for filing a wrongful death lawsuit in New York can extend to two and a half years if the death is related to medical malpractice. This gives families slightly more time to navigate the complex medical records and expert testimony these cases require.

Wrongful Death Claims Involving Government Entity

When a city, county, state agency, or other government entity is responsible for a person's death, the timeline becomes much more urgent. A Notice of Claim must be filed within just 90 days of the estate representative's appointment.

Wrongful Death Claims Involving Criminal Charges

In wrongful death lawsuits involving criminal charges against the defendant, New York law may actually pause the civil statute of limitations, giving you one year from the end of the criminal case to file your civil action.

Wrongful Death Claims Involving Minor Children

If the only beneficiary is a minor child, New York may "toll," or delay, the deadline until the child turns 18 or a guardian is appointed. If a parent or guardian was already in place at the time of death, the standard two-year rule will still apply.

Missing these deadlines means permanently losing your right to seek justice and recover compensation, regardless of how strong your case may be. If you have questions about how much time you have left to file a claim, a New York wrongful death attorney at our firm can help you understand the deadlines and any exceptions that may apply.

Who Can File Wrongful Death Lawsuits In New York?

New York law (EPT § 5-4.1) states that only the deceased person’s personal representative may bring a wrongful death action to recover damages for wrongful death.

Often appointed by the Surrogate Court, the personal representative acts on behalf of the decedent’s estate and survivors to pursue the wrongful death claim. Family members cannot independently file a civil action against the entity or person responsible  unless they are appointed as the personal representative.

Who Can File a Wrongful Death Lawsuit in New York?

Under New York law, only the deceased person's personal representative can bring a wrongful death action. This representative, often appointed by the Surrogate Court, acts on behalf of the victim's estate to pursue the civil action against the person responsible.

Who Can Recover Compensation?

While the legal action is brought by the personal representative, the financial recovery is for the benefit of specific family members that New York law recognizes as "distributees"—essentially, the people who would inherit from your loved one if there were no will. Understanding who qualifies can be crucial for your family, especially when dealing with complex family situations or when time is running short.

Under New York's Estate, Powers and Trusts Law § 4-1.1 (EPTL § 4-1.1), distributees are determined by a specific legal hierarchy that prioritizes your closest family members. We often explain to grieving families that this isn't about who was closest emotionally—it's about legal relationships that New York recognizes.

If your loved one was married and had children, the surviving spouse and all children share in the wrongful death compensation. The law treats both biological and legally adopted children equally, so there's no distinction between stepchildren who were formally adopted and biological children. However, foster children or stepchildren who were never legally adopted typically cannot recover damages—something that unfortunately catches many blended families by surprise.

If your loved one was married but had no children, the entire wrongful death compensation goes to the surviving spouse. This is often the most straightforward scenario we handle.

If your loved one had children but was not married (whether divorced, widowed, or never married), the compensation is divided equally among all the children. We've represented many families where adult children had to navigate this process together, and it's important to know that all children—regardless of age—have equal rights under the law.

If your loved one had no spouse or children, their parents become the distributees who can recover wrongful death compensation. We've handled cases where elderly parents had to pursue claims for their adult children, which presents its own emotional and logistical challenges.

In cases where there's no spouse, children, or living parents, New York law looks to siblings, then to more distant relatives following a specific order outlined in EPTL § 4-1.1. The law even accounts for situations involving half-siblings, treating them the same as full siblings for inheritance purposes.

One situation that frequently creates confusion involves grandchildren.

Under New York law, grandchildren can only recover compensation if their parent (your loved one's child) died before your loved one did. If your loved one's child is still living, the grandchildren don't have a direct right to recovery, even if they were financially dependent on their grandparent.

It's also worth noting that New York recognizes certain special circumstances: children conceived before death but born afterward still qualify as distributees, and the law do not discriminate based on immigration status.

Your family members' right to recover isn't affected by whether they're U.S. citizens.

At Raphaelson & Levine, we've seen families struggle with these rules, particularly in our diverse New York communities where family structures don't always fit traditional legal definitions.

That's why we always conduct a thorough review of family relationships early in the process. We want to ensure everyone who's legally entitled to compensation is properly included in the claim.

How Much Is My Wrongful Death Case Worth?

A wrongful death case in New York typically settles for anywhere from $250,000 to over $5 million, though most cases fall within the $500,000 to $1.5 million range. Large verdicts and settlements over $5 million are possible in catastrophic or high-profile cases, but these are less common.

New York limits wrongful death compensation primarily to financial losses, or "pecuniary damages." While this might seem restrictive, these damages are designed to stabilize the family of a deceased person during this devastating time.

While recovering compensation is different for each case, our goal is always to help surviving family members recover maximum financial compensation.

We will fight to recover economic losses that impact your family most:

• Funeral and Burial Costs: The direct expenses associated with the loved one's death (often $15,000 to $25,000 in New York)
• Medical Expenses: All costs related to your loved one's final injury or illness, even if health insurance initially covered them
• Lost Future Earnings - We work with economists to calculate not just current wages, but future earning potential, benefits, and career advancement your loved one would likely have achieved
• Lost Household Services: The value of services the deceased would have provided to the family, like childcare, home maintenance, financial management, and transportation your loved one provided
• Lost Parental Guidance - For children who lost a parent, compensation for decades of lost nurturing, education, and support

The "Survival Action" Exception

If your loved one survived for any period after their injury—minutes, hours, or longer—we can pursue a separate "survival action" for their conscious pain and suffering before death. We've secured hundreds of thousands in these claims.

Note: Wrongful death settlements go directly to family beneficiaries, while survival action compensation goes to your loved one's estate first, then gets distributed according to their will or inheritance laws.

What New York Currently Doesn't Allow

Unlike most states, New York doesn't allow a family member to recover for your own grief, emotional distress, or loss of companionship. However, proposed legislation called the Grieving Families Act could expand recoverable damages to include these emotional losses.

Remember: We've secured meaningful recoveries ranging from hundreds of thousands to several million dollars for families of retirees, homemakers, and those with modest incomes. Every life has value under the law.

In our experience, insurance companies' initial offers often represent just a fraction of what cases are truly worth. That's why having experienced wrongful death attorneys makes such a difference in your family's financial recovery.

How Our New York Wrongful Death Attorney Team Can Protect Your Family's Rights

We know that during this difficult time, you need a law firm that is compassionate, knowledgeable, and aggressive. A New York wrongful death lawyer at Raphaelson & Levine will handle all aspects of your lawsuits, including:

• Case Investigation: We will meticulously investigate the tragic accident, gathering crucial evidence to prove the negligent parties are at fault. Our team knows how to present evidence effectively to establish liability.
• Legal Guidance: We will serve as your personal representative's counsel, guiding you through the complex legal process and ensuring the victim's estate receives proper representation.
• Negotiating with the Insurance Company: We will handle all communications with the insurance company, working to secure a fair settlement that reflects the full extent of your losses.
• Trial Representation: If a settlement is not possible, we are prepared to take wrongful death lawsuits to court to ensure your family receives the justice they seek.

In our experience with New York wrongful death cases, we've found that having skilled legal representation from the beginning makes a significant difference in both the outcome and the family's peace of mind during this difficult time.

If you have questions about your legal rights, contact us today for a free consultation.

What Should I Do After A Loved One's Death To Protect My Rights?

The shock, grief, and overwhelming number of decisions after losing a loved one can leave you feeling paralyzed.

At Raphaelson & Levine, we've guided hundreds of families through their first critical steps. These small steps can help provide some sense of direction during this devastating time, and help protect your rights.

1. Ensure everyone's immediate safety & seek medical attention if needed. If the incident that caused your loved one's death also injured others, or if family members are experiencing medical emergencies from shock or distress, call 911 immediately. Your health and safety come first.
2. Report the incident to the authorities. For motor vehicle accidents, call the police. For workplace accidents, notify OSHA and your loved one's employer. For medical situations, inform hospital administration. For incidents involving defective products or dangerous property conditions, document everything with local authorities.
3. Begin preserving evidence immediately. Take photographs of the accident scene, your loved one's injuries, damaged vehicles, or unsafe conditions. Keep all medical records, bills, and correspondence. Don't let anyone pressure you to sign documents or give recorded statements to insurance companies. Insurance adjusters may contact you within hours of the accident, sometimes even at the hospital.
4. Contact an experienced wrongful death attorney as soon as possible. New York's statute of limitations means you have limited time to file a claim. When you call us even days after their loss, we immediately begin protecting your rights, handling communications with insurance companies, and ensuring nothing falls through the cracks while you focus on grieving and healing.
5. Avoid speaking with insurance companies without legal representation. Insurance adjusters (even those representing your loved one's own insurance company) are trained to minimize payouts. Sympathetic and helpful? Their job is to protect their company's financial interests. We've seen countless families who thought they were "just providing basic information" only to have their words twisted against them later.
6. Keep detailed records of all expenses & impacts. Start a file for funeral costs, medical bills, lost wages if you've had to take time off work, and any other financial impacts. This documentation is crucial. We often provide families with a simple tracking sheet because, in grief, it's easy to forget these details later.
7. Notify your loved one's employer & insurance companies about the death. Don't discuss the circumstances of the accident, but you'll need to inform them of the death to stop payroll, understand benefit continuations, and begin any life insurance claim processes. These notifications are separate from any liability discussions about who caused the accident.
8. Reach out to your support network & consider professional counseling. Grief affects everyone differently, and there's no "right" way to process the loss of someone you love. We help our clients get the support they need from professional counseling, and support groups, to family therapy.

Discuss Your Next Steps With A New York City Wrongful Death Lawyer at Raphaelson & Levine

If your loved one has been fatally injured due to another's careless or negligent behavior, it's important to seek the advice of an experienced wrongful death attorney.

Our skilled personal injury attorneys will help you understand the New York wrongful death statute and can discuss your next steps under New York law. We've handled most wrongful death cases that families encounter, from complex malpractice claims to tragic vehicle accidents.

During your free consultation, an experienced wrongful death lawyer at our firm will review your case and discuss how we can help you pursue the civil action necessary to hold the at fault party accountable.

Located in Midtown Manhattan (across from Penn Station), our wrongful death lawyers have represented hundreds of families and individuals who have lost a loved one throughout the Bronx, Brooklyn, Manhattan, Queens, Long Island, Staten Island and the greater Hudson Valley.

Our law firm will work to ensure that your wrongful death claim has the greatest possible chances of success. There's no risk, and our contingency fee basis means you pay nothing unless we win your wrongful death suit.

To speak with a wrongful death lawyer at Raphaelson & Levine about your legal rights, New York laws, or circumstances surrounding a decedent's estate, please contact us online or call 212-268-3222.