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
Table of contents
- What Is a Wrongful Death Claim in New York?
- Why New York Families Trust the Rothenberg Law Firm
- What Types of Wrongful Death Cases Do We Handle in New York City?
- Construction Accident Deaths and New York Labor Law
- What Compensation Can My Family Recover in a NYC Wrongful Death Case?
- Who Can File a Wrongful Death Lawsuit in New York?
- How Long Do I Have to File a Wrongful Death Claim in NYC?
- Dangerous Roads and Intersections in New York City
- What Happens After I Hire a Wrongful Death Lawyer?
- Questions Families Ask About NYC Wrongful Death Claims
- Serving Wrongful Death Clients Throughout New York City and Beyond
- Your Family Does Not Have to Face This Alone
What Is a Wrongful Death Claim in New York?
The short answer: A wrongful death claim allows your family to seek compensation when you lose a loved one because of another person's negligence or recklessness. In New York, only the personal representative of the estate can file this personal injury lawsuit , but the money recovered goes to surviving family members.
The New York Estates, Powers and Trusts Law (EPTL) Section 5-4.1 gives families the right to hold negligent parties accountable. Our New York City wrongful death lawyers handle the legal work so your family can focus on healing.
Why New York Families Trust the Rothenberg Law Firm
When we say we truly care, we mean it.
After more than 50 years of representing families who have lost someone to negligence, you see things differently. You see how one careless moment ripples through a family for generations. You see children who will grow up without a parent and spouses trying to hold everything together.
When we visit with a new client, we see neighbors, friends, and our own families. We fight for them the way we would want someone to fight for us.
A Track Record That Speaks for Itself
Over five decades, we have recovered billions of dollars for our clients. That number matters because it represents families who obtained the resources they needed to rebuild. Every case result on our website represents a real person whose life we helped restore.
You Will Never Be Treated Like a Case Number
Some law firms take on hundreds of cases and settle them as quickly as possible. We do not operate that way. When we take your case, we invest real time and resources because we believe in it. Your calls will be returned.
We Know New York City
We know the courts. We know the judges. We know which intersections in Brooklyn and Queens have claimed too many lives. We know how construction accidents happen on Manhattan job sites and who should be held responsible. Local knowledge matters in wrongful death cases.
No Fee Unless We Recover Compensation for You
You are already dealing with enough. We work on a contingency fee basis, which means you pay nothing upfront and nothing unless we win. The consultation is free. The only thing you risk by calling is finding out you have options.
Talk to a NYC wrongful death lawyer today.
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.
What Compensation Can My Family Recover in a NYC Wrongful Death Case?
Under EPTL Section 5-4.3, New York law limits wrongful death damages to what courts call "pecuniary losses." That is a legal term for the financial harm your family has suffered. It includes:
- Lost income your loved one would have earned over their lifetime
- Lost benefits like health insurance, retirement contributions, and pensions
- The value of household services and parental guidance your loved one provided
- Medical bills from treatment before the death
- Funeral and burial expenses
New York does not currently allow families to recover damages for grief or loss of companionship. This is an outdated law that many believe should change. Until it does, maximizing your family's financial recovery becomes even more important.
Our experienced wrongful death lawyers work with financial professionals to calculate the full value of what your family has lost. Insurance companies will try to minimize this amount. Our job is to fight for your full and fair compensation.
Who Can File a Wrongful Death Lawsuit in New York?
Under New York law, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. This is usually the executor named in a will or an administrator appointed by the Surrogate's Court.
The personal representative files the lawsuit on behalf of the family members who suffered financial harm from the death. These typically include:
- Surviving spouses
- Children
- Parents, if the deceased had no spouse or children
If no personal representative has been appointed yet, the Rothenberg Law Firm can help you through the process. Do not let paperwork stand between your family and justice.
How Long Do I Have to File a Wrongful Death Claim in NYC?
New York gives families two years from the date of death to file a wrongful death lawsuit. This deadline is set by the New York statute of limitations. Once that deadline passes, you lose the right to pursue compensation, no matter how strong your case is.
Two years sounds like a long time when you are grieving, but it isn’t. Evidence disappears. Witnesses forget. The sooner you talk to a lawyer, the stronger your case will be.
Important: If your loved one perished in an accident involving a government entity, such as an MTA bus, a city vehicle, or on city property, you must file a Notice of Claim within 90 days. This is a much shorter deadline that catches many families off guard.
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 siblings file a wrongful death claim in New York?
Siblings cannot recover damages unless they were financially dependent on the deceased. New York law limits recovery to distributees who suffered financial loss, typically a spouse, children, or parents.
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 Rothenberg Law Firm LLP, 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.