Billions Recovered for Clients | Over 50 Years of Experience | No Fee Unless We Win
The person you lost can never be replaced. No lawsuit changes that. But the bills don't stop. The mortgage payment is still due. And your children still have their whole future in front of them.
The idea of dealing with insurance companies, paperwork, and legal deadlines feels impossible, but a free consultation with the experienced New York City wrongful death lawyers at The Rothenberg Law Firm can set you on a better path.
A wrongful death claim is not about putting a price on your loved one’s life. That’s impossible. It’s about making sure you and your family have the resources you need not to just get by, but to recover and rebuild.
We take on the insurance companies and the legal system so you can grieve without also having to fight. If you are searching for a wrongful death lawyer in NYC who will treat you like a person and not a case number, give us a call or contact us for a free consultation today.
Your rights matter, and we are here to fight for them
What Must Be Proven in a New York Wrongful Death Case?
A fatal accident does not automatically establish a wrongful death claim. The personal representative of the estate must prove that the case meets New York’s legal requirements.
- A person died.
- A wrongful act, neglect, or default caused the death. The conduct must be something that could have made the defendant legally responsible to the person if they had survived.
- One or more distributees suffered a financial loss. Distributees are family members who qualify under New York law. Their losses, called pecuniary injuries, may include lost financial support, household services, parental guidance, or a lost inheritance.
- A duly appointed personal representative brought the action. The executor or administrator must have legal authority to act for the estate.
When a claim is based on negligence, the evidence usually must show that the defendant owed a duty of care, failed to act with reasonable care, and caused or contributed to the fatal injury. Depending on the case, proof may include police and incident reports, photographs or video, witness statements, medical records, safety records, employment records, and expert analysis.
More than one person or company may be responsible. A careful investigation may identify a negligent driver and the driver’s employer, a property owner and contractor, a hospital and individual medical providers, or a manufacturer and distributor.
New York’s comparative-fault rules generally reduce a recovery by the deceased person’s share of responsibility rather than automatically barring the wrongful death claim. That makes it important to investigate every person and company that contributed to the fatal incident.
What Types of Wrongful Death Cases Do We Handle in New York City?
Wrongful death cases arise when someone's carelessness or recklessness causes a fatal injury. In New York City, we see these tragedies happen in many ways:
- Fatal car, truck, and motorcycle crashes on roads like the BQE, FDR Drive, and Atlantic Avenue
- Pedestrians and cyclists struck by vehicles in crosswalks and bike lanes across all five boroughs
- Construction accidents involving falls, scaffolding collapses, and equipment failures
- Medical mistakes at hospitals and clinics throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island
- Defective products that cause fatal injuries
- Premises liability deaths from unsafe conditions on someone else's property
If your loved one's death was caused by someone else's negligence, you may have a wrongful death claim. A NYC car accident lawyer with The Rothenberg Law Firm can review the facts and assess where you stand.
Construction Accident Deaths and New York Labor Law
Construction is one of the most dangerous industries in New York City. Workers die from falls, scaffolding collapses, falling objects, and equipment failures on job sites across Manhattan, Brooklyn, and the other boroughs.
New York has some of the strongest worker protection laws in the country. New York Labor Law Section 240, often called the "Scaffold Law," holds property owners and general contractors strictly liable when workers fall from heights due to inadequate safety equipment.
If your loved one was killed in a fall at a construction site, the property owner or contractor may be held responsible even if the worker made a mistake. The law places the burden on those who control the job site.
A wrongful death attorney who knows New York construction law can identify all the parties who may share responsibility for a fatal accident. This often includes property owners, general contractors, subcontractors, and equipment manufacturers.
Can Punitive Damages Be Recovered in a New York Wrongful Death Case?
Punitive damages may be available, but only in limited cases. New York permits punitive damages in a wrongful death action when the deceased person could have recovered them if they had survived.
These damages are reserved for exceptional misconduct that goes beyond ordinary negligence, such as willful or wanton wrongdoing, recklessness, or a conscious disregard for the rights and safety of others. Their purpose is to punish particularly serious conduct and deter similar behavior, not to reimburse the family for a specific financial loss.
Whether a case supports punitive damages depends on the evidence. Our attorneys examine the defendant’s conduct, prior warnings, safety violations, internal records, and other proof that may show a heightened level of wrongdoing.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim and a survival action can arise from the same fatal incident, but they compensate different losses.
Wrongful Death Claim
A wrongful death claim focuses on the financial losses suffered by eligible distributees because of the death. The recovery is for those distributees and is generally allocated according to the pecuniary injury each person suffered, rather than simply following the terms of the deceased person’s will.
These losses may include the value of financial support, household services, parental guidance, benefits, and an expected inheritance, as well as qualifying medical and funeral expenses.
Survival Action
A survival action preserves the personal injury claim the deceased person could have pursued if they had lived. It may seek damages that accrued before death, including conscious pain and suffering, lost earnings between the injury and death, and certain medical or care expenses.
When supported by the evidence, conscious pain and suffering may include pre-impact terror, meaning the deceased person’s awareness of impending injury or death before the fatal impact.
Damages recovered through a survival action generally become part of the estate and pass under the will or New York’s intestacy rules after applicable estate obligations are addressed.
Can Both Claims Be Filed?
Yes. The personal representative may pursue wrongful death and survival claims in the same lawsuit. The damages must be evaluated separately, however, and the same loss cannot be recovered twice.
Medical records, witness testimony, video, accident reconstruction, and expert opinions may all affect which damages can be proven. Our wrongful death attorneys investigate both claims so that an eligible category of compensation is not overlooked.
How Long Do I Have to File a Wrongful Death Claim in NYC?
In most New York cases, the personal representative must commence a wrongful death action within two years of the date of death. Waiting for an executor or administrator to be appointed generally does not pause that period, so the estate appointment and investigation often need to move forward at the same time.
Limited exceptions may apply. For example, special timing provisions can arise when a criminal action has been commenced against the same defendant based on the event that caused the death. These exceptions are highly fact-specific, and a family should never assume that the filing period has been extended.
Two years may sound like a long time while your family is grieving, but important evidence can disappear much sooner. Surveillance footage may be overwritten, vehicles and equipment may be repaired, dangerous property conditions may change, and witnesses’ memories can fade.
Claims involving a government or public entity can have additional notice requirements. If a city agency, public hospital, transit authority, public school, or another public entity may be responsible, a Notice of Claim may be required. Under New York General Municipal Law Section 50-e, the 90-day period for a wrongful death notice generally runs from the appointment of the estate’s representative.
A related survival or personal injury claim may be governed by a different accrual rule, and different statutes may apply to New York State or particular public authorities. These notice requirements do not replace the two-year deadline for commencing the wrongful death action.
Because the correct defendant and deadline are not always obvious, speak with a New York City wrongful death lawyer as soon as possible.
Dangerous Roads and Intersections in New York City
Too many wrongful death cases in New York City happen on the same streets, year after year. According to NYC Department of Transportation Vision Zero data, certain corridors account for a disproportionate share of traffic fatalities:
- Atlantic Avenue in Brooklyn
- Northern Boulevard and Queens Boulevard in Queens
- Grand Concourse in the Bronx
- Flatbush Avenue in Brooklyn
Brooklyn and Queens consistently record the highest numbers of traffic fatalities among the five boroughs. If you lost a loved one on one of these roads, someone may be responsible.
What Happens After I Hire a Wrongful Death Lawyer?
When you hire a wrongful death attorney, you hand off the legal burden so you can focus on your family. Here is what the process typically looks like:
Investigation: Your lawyer gathers evidence, obtains police and medical records, interviews witnesses, and identifies everyone who may be responsible for your loved one's death.
Building Your Case: Personal injury attorneys work with medical professionals, accident reconstruction specialists, and financial analysts to document the full extent of your losses.
Filing the Lawsuit: Your lawyer files the wrongful death claim in New York State Supreme Court and serves the defendants.
Negotiation: Most wrongful death cases settle before trial. Your lawyer negotiates with insurance companies and defense attorneys to fight for fair compensation.
Trial: If the other side refuses to offer a fair wrongful death settlement , your lawyer takes the case to trial. We prepare every case as if it will go before a jury.
Contact Rothenberg Law Firm for a free consultation today
Questions Families Ask About NYC Wrongful Death Claims
How much does a wrongful death lawyer cost in New York City?
Our wrongful death attorneys in New York City work on a contingency fee basis. You pay us nothing up front or out of pocket. We get paid only if we recover compensation for you.
Can I file a wrongful death claim if my loved one was partially at fault?
Yes. New York follows a comparative negligence rule. Even if your loved one shared some responsibility for the accident, your family may still recover damages. The total amount is reduced by their percentage of fault.
How long does a wrongful death case take in New York?
Every case is different. Some settle within months. Others may take longer, especially if they go to trial. Court backlogs in New York City can add time. We can give you a realistic timeline after reviewing the facts. Our goal is to settle your case as efficiently as possible without settling for less than your full compensation.
What should I bring to my first meeting with a wrongful death attorney?
Bring any documents you have: the death certificate, police reports, medical records, insurance information, and anything else related to the incident. If you do not have these yet, that is okay. Your lawyer can help you obtain them.
What if the person who caused the death does not have insurance?
There may still be options. Your lawyer will investigate whether other parties share responsibility—such as an employer, a property owner, or a product manufacturer. In some cases, your own insurance policy may provide coverage.
Who receives the money in a wrongful death lawsuit in New York?
The compensation goes to surviving family members who suffered financial loss, such as a spouse, children, or parents. The personal representative files the claim, but they distribute the recovery according to New York law
What is the average wrongful death settlement in NYC?
There is no standard settlement amount. The value depends on factors like lost income, age, health, and the circumstances of the death. Cases involving higher lifetime earnings or clear liability often result in larger recoveries.
Can a Sibling File a Wrongful Death Claim in New York?
A sibling cannot file a wrongful death claim solely because they are the deceased person’s sibling. Only the duly appointed personal representative of the estate may bring the lawsuit. A sibling may, however, be appointed to serve as that representative.
A sibling may also be eligible to share in the wrongful death recovery when the deceased person left no spouse, children, or parents and the sibling qualifies as a distributee under New York law. Eligibility does not automatically guarantee compensation. The sibling must establish a pecuniary injury, such as the loss of financial support, services, or another measurable economic benefit.
Because eligibility depends on the complete family structure and the evidence of financial loss, it is important to have an attorney evaluate the specific circumstances.
Serving Wrongful Death Clients Throughout New York City and Beyond
We represent families in wrongful death cases across all five boroughs of New York City.
We also handle wrongful death cases throughout New York State and New Jersey. Our attorneys travel to meet clients wherever they are. If you are unsure whether we can help with your situation, contact us and ask. The consultation costs you nothing.
Your Family Does Not Have to Face This Alone
At the The Rothenberg Law Firm, we have spent over 50 years standing beside families in their darkest moments. We have recovered billions in compensation for our clients because we treat every case like it is our own family's fight.
If you lost someone because of another person's negligence, we would like to hear your story. Contact us for a free consultation. We will listen, answer your questions, and explore your best path forward. We don’t pressure you, and you’re under no obligation.