New York City Wrongful Death Attorneys

When a loved one dies because of someone else's negligence, the grief, sudden financial strain and uncertainty about how to seek justice can leave you feeling overwhelmed and alone.

Wrongful death cases are complex, and grieving families often face aggressive insurance tactics and strict legal deadlines. Car crashes, medical negligence, construction accidents and other careless acts take lives across New York every year. Without experienced legal help, 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 34 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 97% client satisfaction across 826 verified Google reviews, and over $1 Billion dollars in verdicts and settlements.

If you lost a loved one because a driver, employer, property owner, medical provider or government agency was careless, our New York wrongful death lawyers can help. We know the local courts, we know the tactics insurance companies use, and we fight for the full compensation New York law allows.

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 EPTL § 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, including those of a father killed by a drunk driver who ran a red light and a mother who died from a misdiagnosed heart attack in an understaffed emergency room. We've also represented the families of a construction worker who fell from unsecured scaffolding and an elderly resident who died in a nursing home fire after 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, appointed through the Surrogate's Court, generally in the county where your loved one lived.

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.

Fatal Accident Cases We Handle Across New York

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: Deaths caused by healthcare provider errors, such as surgical errors, misdiagnosis, medication mistakes, delayed treatment, birth injuries or failure to provide appropriate care.
• 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.
• Fatal Boating Accidents: Deaths on New York's rivers, bays and lakes caused by reckless or impaired boat operators, unsafe charters and rentals, or defective equipment.

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 NY?

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

If your loved one died after a medical mistake, the family generally still has two years from the death to file. New York's separate malpractice deadline, generally two and a half years from the malpractice or the end of continuous treatment (CPLR 214-a), must not have run out before your loved one died, so these cases need a fast review.

Wrongful Death Claims Involving Government Entity

When a city, county, state agency or other government entity is responsible for a death, the deadlines are much shorter. A Notice of Claim generally must be served within 90 days of the estate representative's appointment, and the lawsuit generally must start within two years of the death (General Municipal Law § 50-e and § 50-i). Claims against New York State go to the Court of Claims, which has its own filing rules.

Wrongful Death Claims Involving Criminal Charges

In wrongful death cases involving criminal charges against the defendant, New York law may extend the civil deadline, generally giving the family at least one year from the end of the criminal case to file the 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 generally ends your family's right to seek compensation, no matter how strong the case is. Our New York wrongful death lawyers will confirm which deadlines apply to your case.

Who Can File Wrongful Death Lawsuits In New York?

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

The personal representative is usually the executor named in the will or, if there is no will, an administrator appointed by the Surrogate's Court. Family members cannot file the claim on their own unless the court appoints one of them as the personal representative.

Who Can Recover Compensation Under New York Law?

While the personal representative brings the case, the money recovered is for specific family members that New York law calls "distributees." These are generally the people who would inherit from your loved one if there were no will. Knowing who qualifies matters, especially in complex family situations or when time is short.

Under New York's Estate, Powers and Trusts Law § 4-1.1 (EPTL § 4-1.1), distributees are determined by a specific legal order that puts your closest family members first. We often explain to grieving families that this isn't about who was closest emotionally. It's about the legal relationships 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, which catches many blended families by surprise.

If your loved one was married but had no children, the surviving spouse generally receives the wrongful death compensation, although New York also lets surviving parents share if they suffered a financial loss.

If your loved one had children but was not married (whether divorced, widowed, or never married), the compensation is shared among all the children. We've represented many families where adult children had to navigate this process together, and every child, regardless of age, is a distributee who may share in the recovery.

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 does 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?

Every wrongful death case has a different value. It depends on your loved one's age, earnings and role in the family, whether they suffered before death, and the insurance available. Our New York wrongful death lawyers work with economists and medical experts to prove every loss the law allows.

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 your loved one's death
• 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
• Lost Inheritance: The savings and assets your loved one would likely have built and left to the family

The "Survival Action" Exception

If your loved one survived for any time after the injury, even minutes, we can pursue a separate "survival action" for their conscious pain and suffering before death.

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 family members to recover for their own grief, emotional distress or loss of companionship.

Remember: Every life has value under the law. Families of retirees, homemakers and people with modest incomes can still recover meaningful compensation.

Insurance companies' first offers often leave out losses the law allows families to recover. Our New York wrongful death lawyers document every loss before we negotiate.

How Our New York Wrongful Death Lawyers Protect Your Family

We know that during this difficult time, you need a law firm that is compassionate, knowledgeable and aggressive. Our New York wrongful death lawyers handle every part of your family's case, 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.

When you call us early, we can preserve evidence and protect every deadline while your family focuses on each other.

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

What To Do After a Loved One's Death in New York

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. Call the police after a crash, and notify OSHA and your loved one's employer after a workplace death. For medical deaths, inform hospital administration, and for defective products or dangerous property, document everything with local authorities.
3. Begin preserving evidence immediately. Take photographs of the scene, your loved one's injuries, damaged vehicles or unsafe conditions, and keep all medical records, bills and correspondence. Don't sign documents or give recorded statements to insurance companies, which may contact you within hours, 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 from your loved one's own insurer, are trained to minimize payouts and protect their company's money. 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 and any other financial impacts. We often give families a simple tracking sheet, because in grief it's easy to forget these details.
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 find support, from professional counseling and support groups to family therapy.

Wrongful Death Questions Families Ask

Talk With Our New York Wrongful Death Lawyers

If someone's carelessness took your loved one, our New York wrongful death lawyers are here to help your family through what comes next.

We will explain New York's wrongful death law and your family's next steps. We handle many kinds of fatal accident cases families face, from traffic crashes to construction and workplace deaths.

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.

With offices in Manhattan, Long Island and Queens, our wrongful death lawyers have represented hundreds of families who lost a loved one throughout the Bronx, Brooklyn, Manhattan, Queens, Long Island, Staten Island and the Hudson Valley.

Our law firm will work to give your family's claim the greatest possible chance of success, and there is no fee unless we win.

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.