NYC Wrongful Death Attorney – Fighting for Families Who Have Lost Everything
There are no words for what you are going through. Losing someone you love – a parent, a spouse, a child, a sibling – leaves a wound that the legal system cannot heal. No settlement, no verdict, no amount of money brings that person back.
We know that. And we want to say it plainly before we say anything else.
But accountability matters. When someone dies because of another person’s negligence – a reckless driver, a negligent property owner, a careless doctor, an unsafe construction site – that person’s family deserves more than silence. They deserve answers, and they deserve to know that the people responsible were held to account.
At Linden Law, Jason Linden approaches wrongful death cases with the gravity and compassion they require. These are not just legal claims. They are stories of real people, real families, and real loss. We are honored to carry those stories into the courtroom.
Call (212) 804-8440 for a free, confidential consultation. No fee unless we win.
What Is a Wrongful Death Claim in New York?
Under New York Estates, Powers & Trusts Law (EPTL) §5-4.1, when a person dies as a result of another party’s negligence, wrongful act, or default, the surviving family members may bring a wrongful death action to recover for their losses.
New York’s wrongful death law is distinct from a general personal injury claim. It focuses on the economic losses sustained by the people who depended on the deceased – not just on the suffering of the person who died. That distinction matters for both strategy and damages, which is why experienced representation is essential.
Who Can File a Wrongful Death Lawsuit in New York?
Only the personal representative (executor or administrator) of the deceased person’s estate can bring a wrongful death lawsuit in New York. The personal representative is typically named in the decedent’s will, or appointed by the Surrogate’s Court if there is no will.
In practice, the personal representative is usually a surviving spouse, parent, or adult child. The damages recovered are then distributed to the distributees – those who would have inherited under New York law – which include the spouse, children, and parents of the deceased.
This means that before a wrongful death lawsuit can be filed, the estate often needs to be opened in Surrogate’s Court. We help families navigate that process as part of our representation.
What Damages Can Families Recover?
New York’s wrongful death statute compensates the distributees for the economic losses they suffered as a result of the death. These include:
Loss of financial support – the income and financial contributions the deceased would have provided to the family over their expected remaining lifetime. This is calculated using the deceased’s age, earning history, career trajectory, and life expectancy.
Loss of services – the household work, childcare, eldercare, and other non-monetary contributions the deceased made to the family. The loss of a parent’s parenting, or a spouse’s daily contributions to the household, has real economic value.
Funeral and burial expenses – recoverable as part of the wrongful death claim.
Medical expenses incurred by the deceased before death.
Conscious pain and suffering – this is brought as a separate survival action under EPTL §11-3.2. If the deceased experienced pain, fear, or suffering between the time of injury and death – even if only briefly – the estate can recover for that suffering. In cases involving prolonged hospital stays or survival after an accident, this can be a substantial component of recovery.
The Statute of Limitations Is Different for Wrongful Death
This is critical: the statute of limitations for a wrongful death claim in New York is two years from the date of death – not three years as in most personal injury cases. If you miss this deadline, the claim is permanently barred.
Additionally, if a government entity – New York City, a city agency, a transit authority – may be responsible, a Notice of Claim must be filed within 90 days of the death. This is a separate, earlier deadline that applies on top of the two-year statute of limitations.
Do not wait. Every day matters.
Common Wrongful Death Scenarios
Wrongful death cases arise in many contexts. The most common situations we handle include:
Car, truck, and motorcycle accidents – negligent drivers cause fatal crashes every day in New York City. Distracted driving, speeding, drunk driving, and commercial vehicle operator errors all give rise to wrongful death claims.
Construction accidents – falls from heights, falling objects, equipment failures, and scaffold collapses claim the lives of construction workers. New York Labor Law §240 and §241 provide powerful protections for the families of workers killed on job sites.
Pedestrian and bicycle fatalities – when a driver strikes and kills a pedestrian or cyclist, a wrongful death action can hold the driver, vehicle owner, and in some cases the City accountable.
Medical malpractice – when a preventable medical error – a missed diagnosis, a surgical mistake, a medication error – results in a patient’s death, the family may have a medical malpractice wrongful death claim.
Premises liability – deaths resulting from building fires, elevator accidents, unsafe conditions, and inadequate security can give rise to wrongful death actions against property owners.
Why You Need an Attorney
Wrongful death cases are among the most legally and procedurally complex claims in New York law. The estate must be opened, multiple potential defendants may be involved, and insurance companies typically fight fiercely on fatal claims – knowing that the stakes are high and the family is grieving.
We handle all of it. Our job is to let you focus on your family while we pursue justice for your loved one.
Frequently Asked Questions
Who can file a wrongful death lawsuit in New York?
Only the personal representative (executor or administrator) of the deceased’s estate can file a wrongful death lawsuit. The personal representative is named in the will or appointed by Surrogate’s Court. The damages recovered are distributed to the deceased’s distributees – typically the spouse, children, and parents. We help families navigate the estate process as part of our work on the case.
How long do I have to file a wrongful death claim in NY?
The statute of limitations for wrongful death in New York is two years from the date of death. This is shorter than the three-year period for ordinary personal injury claims. If a government entity is involved, a Notice of Claim must be filed within 90 days of the death. These deadlines are strict – please contact us as soon as possible.
What damages can my family recover?
Your family can recover for: loss of financial support the deceased would have provided, loss of household services and parenting contributions, medical expenses before death, funeral and burial costs, and the deceased’s conscious pain and suffering before death (through a separate survival action). Compensation is calculated based on the deceased’s age, income, life expectancy, and contributions to the family.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for the losses they have suffered – financial support, services, companionship. A survival action, brought under EPTL §11-3.2, compensates the deceased’s estate for the suffering the deceased personally experienced between the time of injury and death. Both claims are typically brought together. In cases where the deceased survived for some period after the accident, the survival action can be a substantial part of the total recovery.
Can I sue if my family member was also partially at fault?
Yes. New York’s comparative negligence rule applies to wrongful death cases. Even if the deceased shared some degree of responsibility for the accident – for example, a pedestrian who crossed against the light – the family can still recover. The total recovery is reduced by the deceased’s percentage of fault, but it is not eliminated. We work to establish the full picture of responsibility and ensure that the at-fault party’s negligence is not obscured by unfair arguments about the victim’s conduct.
You Are Not Alone in This
We understand that reaching out to a lawyer is not easy when you are in the depths of grief. Please know that a call to us is not a commitment – it is a conversation. We will listen to your story, explain your options, and give you an honest assessment of your claim, at no charge and with no pressure.
Call (212) 804-8440 any time for a free, confidential consultation. Evening and weekend appointments available. We serve families throughout New York City from our office at 250 West 57th St., Suite 432, New York, NY 10017.