New York City Wrongful Death Lawyers

It is incredibly painful to lose someone you love, and it is even harder to cope when their passing was due to the fault and negligence of someone else. These cases are challenging, both emotionally and legally. However, wrongful death lawyers can guide families toward justice and financial compensation.

At Silver & Kelmachter, LLP, our compassionate wrongful death lawyers work hard for grieving families. We have years of experience and a strong record of winning significant settlements and verdicts. Our wrongful death lawyers combine fierce legal skills with the care and understanding families need during this tough time.

Seeking Justice For New York Families After A Wrongful Death

A wrongful death occurs when someone dies because of another person’s careless, reckless or harmful actions. These losses often leave families with deep emotional pain and financial struggles.

Common reasons for wrongful death include:

• Car, truck or pedestrian accidents
• Medical mistakes by doctors, nurses or hospitals
• Construction site or workplace deaths
• Dangerous or defective products
• Unsafe buildings or poor security
• Nursing home neglect or abuse

Our New York wrongful death attorneys have experience with all these cases. We bring focus and determination to every wrongful death claim we take on.

New York Wrongful Death Statute Of Limitations

Families dealing with the sudden loss of a loved one often do not realize how little time they have to take legal action. Under New York law, specifically EPTL Section 5-4.1, most wrongful death lawsuits must be filed within two years of the date of death. Miss that window and the right to pursue compensation is gone, regardless of how clear the negligence may have been.

There is one exception that families need to know about immediately. When a government agency or municipality played a role in the death, such as a city bus, a public hospital or a government-owned property, a Notice of Claim must typically be filed within 90 days of the incident. That is a fraction of the standard two-year period, and it catches families off guard more often than it should. Our wrongful death lawyers make sure these deadlines are identified and met from day one.

Collecting Evidence And Proving A New York Wrongful Death Claim

A wrongful death claim does not succeed on sympathy alone. To recover compensation, four legal elements must be established and backed by solid evidence. Our attorneys build each case around all four:

• Duty of care: The person or entity responsible had a legal obligation to act safely toward the deceased, whether behind the wheel, in a medical setting or as a property owner
• Breach of duty: They failed to meet that obligation through negligence, recklessness or intentional misconduct
• Causation: That failure is what caused the fatal injury, not just a coincidence or an unrelated factor
• Damages: The death created real, documented financial losses for the estate or the family left behind

The evidence that supports these elements varies by case. Medical records, accident and police reports, witness accounts, expert analysis and financial documentation all come into play depending on how the death occurred. Our team gets to work on preserving and organizing that evidence from the moment a family reaches out, because waiting too long can mean losing records that cannot be recovered.

Who Can File A Wrongful Death Claim In New York?

In New York, only the personal representative of the deceased’s estate can file a wrongful death claim. This person may be the deceased’s spouse, parent, child or someone the court appoints. They can seek compensation for funeral costs, lost income, or the loss of love and support. These cases are complex, so working with skilled New York personal injury lawyers is essential to build a strong claim.

What Damages Can Be recovered In A New York Wrongful Death Lawsuit?

New York law ties wrongful death compensation to financial and economic losses rather than emotional ones. That means the types of damages available include:

• Medical costs tied to the final injury or illness, such as emergency treatment, surgeries and hospital stays in the period before death
• Funeral and burial expenses the family took on as a direct result of the loss
• Lost income representing what the deceased would have earned and contributed over the remainder of their working life
• The value of support, household services and parental guidance the family has lost going forward

One aspect of New York law that surprises many families is that surviving relatives cannot currently file a separate claim for the grief and emotional anguish they are experiencing. The law as it stands focuses on economic impact rather than personal suffering. That said, the financial losses in a wrongful death case can be significant, particularly when the deceased was young or a primary earner. Our attorneys work through every applicable category carefully to make sure nothing is left out of the claim.

What Is The Difference Between A Wrongful Death Claim And A Survival Action Claim In New York?

These two claims often get filed together, but they are not the same thing and they do not compensate the same people for the same losses.

A wrongful death claim is brought on behalf of the surviving family members. It focuses on the financial impact the death has had on the people left behind, including lost income, lost support and everything the deceased would have contributed to the family over time.

A survival action is different. It belongs to the deceased’s estate and addresses what the deceased personally went through before they died. Specifically, it seeks compensation for the conscious pain and suffering experienced between the moment of injury and the moment of death. If the person was aware of what was happening to them during that time, the estate can pursue damages for that experience.

Filing both together, when both apply, gives the family and the estate the most complete path to recovery. Our wrongful death lawyers look at both options in every case we take on.

Call Now To Speak With A Compassionate New York Wrongful Death Attorney

If you have lost a loved one due to someone else’s negligence, our wrongful death lawyers are ready to help. Contact Silver & Kelmachter, LLP, at 212-661-8400 or submit a consultation request to speak with our team. Your consultation is free and confidential.