New York City Wrongful Death Attorneys

Losing a loved one is one of the most painful experiences anyone can endure. When that loss happens because of someone else's negligence or wrongful actions, the pain is compounded by anger, frustration, and unanswered questions. While no legal resolution can make up for the absence of your loved one, it can provide the financial support and justice your family needs to move forward. 

A skilled and compassionate New York City wrongful death attorney from The Rothenberg Law Firm LLP can help guide you through this devastating time, fighting tirelessly to secure the compensation you deserve.

If your family has suffered such a tragic loss, we're here to help you pursue justice. Call The Rothenberg Law Firm today to explore your legal options and take the first step toward obtaining the closure and support you need.

Why Choose Rothenberg Law Firm LLP for Your NYC Wrongful Death Case

At The Rothenberg Law Firm, we recognize that every wrongful death case represents a tremendous personal loss. We treat our clients like members of our own family, providing dedicated and compassionate support from the first meeting to the final resolution of your claim. Here’s why families across New York City choose us to advocate for their loved ones in wrongful death cases.

• Over 50 Years of Experience

For more than half a century, our firm has helped injury victims and their families rebuild their lives. Since opening our doors in 1969, we have built a reputation as one of the nation’s most trusted personal injury law firms, serving clients across New York, Pennsylvania, and New Jersey. With deep knowledge of state law and decades of courtroom experience, we are uniquely positioned to handle complex wrongful death cases.

• Billions Recovered for Families Like Yours

At The Rothenberg Law Firm, results matter because they directly impact our clients’ ability to heal and move forward. We’ve won and collected billions in compensation for those we serve, helping countless families secure justice and the financial resources needed to rebuild their lives.

• A Compassionate, Client-Focused Approach

We know that grieving a loss is one of the hardest things life can throw at you. That’s why we aim to be more than just legal advocates. Our team provides guidance and care throughout the entire process, connecting clients with medical professionals, counselors, and other trusted experts to help them cope with their loss. When you work with us, you’re not just hiring attorneys—you’re gaining a support system during your most challenging days.

We’re committed to seeking maximum compensation while protecting your interests every step of the way. Contact The Rothenberg Law Firm today to learn how we can assist your family.

What is a Wrongful Death?

A wrongful death occurs when someone dies as a result of another party’s negligence or intentional misconduct. Whether an accident or a deliberate act, the law allows certain surviving family members to pursue a claim for financial compensation when a wrongful death occurs.

The purpose of a wrongful death lawsuit is twofold. First, it seeks to hold at-fault parties accountable for the harm they caused. Second, it provides surviving family members with financial support to offset the costs and impact of their loved one’s untimely death.

Common Causes of Wrongful Death

Tragic and preventable deaths can happen in countless ways, but some of the most common causes include the following:

• Motor Vehicle Accidents: Accidents involving cars, trucks, motorcycles, and pedestrians are some of the most frequent causes of wrongful death. These often occur due to reckless driving, speeding, driving under the influence, or distracted driving.
• Medical Malpractice: Doctors, hospitals, and other healthcare providers can be held responsible when medical errors, misdiagnoses, or surgical mistakes lead to fatal outcomes.
• Workplace Accidents: Dangerous work environments and negligent employers can result in deadly incidents such as falls, exposure to toxic substances, or fatal machinery accidents.
• Defective Products: Faulty consumer products, from defective auto parts to unsafe household appliances, can cause unintentional yet deadly harm to consumers.
• Premises Liability: Property owners and managers can face liability if unsafe conditions, such as unmaintained stairways, unguarded swimming pools, or violent crimes on their premises, result in fatalities.

These tragic events are just a few examples. Whether your loved one’s death was caused by a person, company, or other entity, it’s important to consult with a New York City wrongful death attorney to assess your specific case.

Do I Have a NYC Wrongful Death Claim?

Most personal injury lawsuits are based on a legal concept known as negligence. Simply put, negligence occurs when someone fails to act with reasonable care, leading to harm to another person. To have a valid wrongful death case, however, you and your attorney must show more than just negligence.

To succeed in a wrongful death lawsuit, you must prove the following four elements of negligence:

1. Duty of Care: You must demonstrate that the party responsible owed your loved one a duty of care under the circumstances. For example, all drivers have a duty to drive safely, and doctors have a duty to provide competent medical treatment.
2. Breach of Duty: Once a duty of care is established, you must show that the responsible party violated, or breached, that duty. This often means that they acted recklessly, negligently, or unlawfully.
3. Causation: Your case must also establish a direct link between the breach of duty and your loved one’s death. Put another way, the breach of duty must have directly caused or contributed to the fatal outcome.
4. Damages: Finally, you must show that your family has suffered measurable damages as a result of the wrongful death. This might include financial losses, emotional pain, and more.

Proving these elements isn’t always easy, particularly when dealing with uncooperative insurance companies or powerful defendants. At The Rothenberg Law Firm, we work tirelessly to gather evidence, collaborate with experts, and build a strong case on behalf of your family.

If you’re unsure whether you have grounds to file a wrongful death claim, contact The Rothenberg Law Firm to discuss your situation.

Who Can File a Wrongful Death Case in New York?

When you lose a loved one unexpectedly due to negligence or wrongful conduct, you may wonder who can take legal action to hold the responsible party accountable. Under New York law, only the personal representative of the deceased person’s estate has the legal authority to file a wrongful death claim.

The personal representative, sometimes referred to as the executor or administrator of the estate, is tasked with managing this legal process on behalf of the deceased. This individual may be named in the deceased’s will. If no will exists, the court will appoint a personal representative to serve in this role.

Although the personal representative is the one who officially files the lawsuit, any damages recovered in the case are generally intended to benefit the deceased’s surviving family members or beneficiaries. This may include a spouse, children, or parents, depending on the specific circumstances of the case.

The compassionate attorneys at The Rothenberg Law Firm can help guide you through the process of filing a claim, ensuring your family’s rights are protected and that you receive the justice and compensation you deserve. If you have questions about filing a wrongful death claim, contact us today for the knowledgeable and compassionate support you need.

What Damages Are Available in a Wrongful Death Case in NYC?

When a loved one passes away due to someone else’s negligence, the emotional and financial impact on the surviving family can be devastating. To help ease the burden and provide some measure of justice, wrongful death cases in New York allow eligible survivors to recover monetary compensation for specific losses, often referred to as “damages.”

The damages in a New York City wrongful death case typically include:

• Medical Costs Prior to Death: If the loved one received medical treatment for injuries prior to passing, families can recover the costs of this care.
• Funeral and Burial Expenses: Wrongful death damages often include reimbursement for the reasonable costs of laying a loved one to rest.
• Loss of Financial Support: Families may recover compensation for the income their loved one would have earned if they had survived, including benefits such as health insurance and pensions.
• Loss of Services and Support: Surviving family members can also seek damages for the value of household services and other contributions the decedent provided, such as childcare or caregiving for elderly relatives.

• Loss of Parental Guidance: When a parent passes away, children may recover compensation for losing their parent’s emotional support, advice, and care.

While non-economic damages can be more challenging to quantify, they are no less real or significant. With the help of an experienced New York City wrongful death attorney, families can ensure these losses are accounted for in their claim.

What is the Statute of Limitations for Filing a Wrongful Death Claim in New York?

New York law places strict time limits on how long you have to file a wrongful death lawsuit. These deadlines, known as the statute of limitations, are crucial to ensuring your case is heard and your family receives the justice it deserves.

Under the statute of limitations in New York, a wrongful death lawsuit must generally be filed within two years of the date of the deceased’s death.

While this may seem like a generous timeframe, it’s important to act quickly. Building a strong wrongful death case requires extensive work, including investigating the circumstances of the death, collecting evidence, consulting with experts, and evaluating your family’s losses. The sooner you consult an attorney, the better your chances of building a compelling case within the required timeframe.

How Can a Lawyer Help with My Wrongful Death Lawsuit?

Navigating the legal process after losing a loved one is emotionally and legally complex. Having an experienced wrongful death lawyer by your side can make all the difference. Here’s how an attorney from The Rothenberg Law Firm can help with your wrongful death lawsuit.

• Build a Strong Case

Your lawyer will thoroughly investigate the circumstances of your loved one’s death, gathering essential evidence such as medical records, police reports, photographs, and witness statements. They will also work with experts, such as medical professionals or accident reconstruction specialists, to strengthen your case.

• Determine the Full Value of Your Losses

Calculating damages in a wrongful death case requires a thoughtful assessment of both economic and non-economic losses. An attorney can help ensure no aspect of your family’s losses, whether financial or emotional, is overlooked.

• Handle Complex Negotiations

Insurance companies often attempt to minimize settlements or deny claims altogether. Your attorney will handle communication and negotiations with these companies, using their extensive legal experience to advocate for full and fair compensation.

• Represent You in Court

If a settlement cannot be reached, a wrongful death attorney will file a lawsuit and represent your family in court. At The Rothenberg Law Firm, we meticulously prepare every case for trial and are not afraid to face powerful defendants or their insurance companies.

When you work with The Rothenberg Law Firm, you gain a dedicated legal team that will handle every detail while you focus on healing and remembering your loved one.

Contact Our Dedicated New York City Wrongful Death Lawyer Today

New York City Wrongful Death Attorney, Beth Rothenberg Halperin, Esq.

At The Rothenberg Law Firm, we understand how devastating it is to lose someone you love unexpectedly. Our compassionate and experienced team is here to help you seek justice, accountability, and the financial support necessary to rebuild and move forward.

With over 50 years of experience, billions recovered for our clients, and a track record of standing by families during their most difficult times, The Rothenberg Law Firm will provide the guidance and advocacy your family deserves.

If you’ve lost a loved one due to someone else’s negligence, don’t wait to explore your legal options. Contact us today at (800) 624-8888 or through our online form for a free, no-obligation consultation. We’re ready to stand with you and fight for the justice your family needs.