New York City Wrongful Death Lawyer

Losing a family member is a profound and painful experience. When that loss happens because of someone else's carelessness or wrongful act, the grief can be compounded by questions and a feeling that justice has not been served. Pursuing a legal claim can feel like a difficult step, but it is often the only way to hold the responsible parties accountable and secure the future for your family. 

A compassionate and determined New York City wrongful death lawyer from Greenberg Gross LLP can help you understand your options and seek a measure of justice for your loved one. This process is about honoring their memory by demanding accountability from those whose actions caused this irreplaceable loss.

Why Choose Greenberg Gross LLP for Your NYC Wrongful Death Case?

At Greenberg Gross LLP, we understand that we are representing clients during the most challenging times of their lives. For over a decade, our firm has been the choice for individuals and families in high-stakes cases because we combine a client-focused approach with a formidable, trial-tested record. Our history is built on achieving significant results when the stakes are highest.

Our attorneys bring a wealth of litigation experience to every case. We prepare meticulously, investigating every detail and building a powerful argument on your behalf. While our reputation for winning in the courtroom often encourages opponents to offer fair settlements, we are always prepared to go to trial to fight for the compensation your family deserves.

We commit our full resources to each family we represent by:

• Conducting a thorough investigation into the circumstances of your loved one’s death.
• Working with leading professionals to establish negligence and calculate the full extent of your family's losses.
• Providing clear, consistent communication so you are always informed about the progress of your case.

The team at Greenberg Gross LLP is dedicated to advocating for families with dignity and resolve, helping you seek the financial stability needed to move forward.

What Qualifies as a Wrongful Death in New York?

When you’re trying to understand your legal rights, it’s important to know what the law says. In New York, a wrongful death is defined as a death caused by a "wrongful act, neglect, or default" of another person or entity. Essentially, if the person who passed away could have filed a personal injury lawsuit had they survived their injuries, their family may now have grounds for a wrongful death claim.

This is outlined in the state's primary wrongful death statute. The core of any claim is proving that another party's negligence—a legal term for their failure to act with reasonable care—was the direct cause of your loved one's death.

A New York City wrongful death lawyer can help determine if the circumstances of your loss fit the legal definition. Common situations that lead to wrongful death claims include:

• Motor Vehicle Accidents: Collisions involving cars, trucks, motorcycles, or pedestrians caused by drunk, distracted, or reckless drivers on roads like the FDR Drive or the Gowanus Expressway.
• Medical Malpractice: Fatal errors made by doctors, surgeons, nurses, or hospitals, such as misdiagnosis, surgical mistakes, or incorrect medication.
• Workplace Accidents: Incidents on construction sites, in factories, or in other work environments where safety standards were not followed, leading to a fatal injury.
• Premises Liability: Deaths resulting from unsafe conditions on someone else’s property, like a slip and fall on an icy sidewalk or inadequate security in an apartment building.
• Defective Products: Fatalities caused by a poorly designed or manufactured product, from a faulty appliance to a defective medical device.

These examples illustrate how a failure to uphold a duty of care can have the most serious consequences imaginable.

When a loved one is lost due to facility neglect, our guide to wrongful death lawsuits against nursing homes explains how a New York City wrongful death lawyer can help your family hold negligent institutions accountable.

Who Has the Right to File a Wrongful Death Lawsuit in NYC?

While the entire family feels the pain of the loss, New York law has specific rules about who is legally permitted to file a wrongful death lawsuit. The claim cannot be filed directly by a spouse, parent, or child. Instead, the court must first appoint a "personal representative" for the deceased person's estate.

This personal representative is often a close family member named in the deceased’s will as the executor. If there is no will, the court will appoint an administrator, who is typically the surviving spouse, an adult child, or another close relative. The personal representative then files the wrongful death lawsuit on behalf of all the surviving family members who have suffered losses, known as "distributees."

In New York, distributees who can benefit from the lawsuit typically include:

• The surviving spouse
• Surviving children
• The deceased’s parents

The personal representative has a legal duty to act in the best interests of the estate and these beneficiaries throughout the legal process. A New York City wrongful death lawyer can guide your family through the court process of appointing a representative and ensure all legal requirements are met.

Pursuing Accountability with a New York City Wrongful Death Attorney

Building a successful wrongful death case requires a methodical and thorough approach. It is a detailed process focused on uncovering the truth and demonstrating how another party’s actions led to a preventable death. The attorneys at Greenberg Gross LLP handle every stage of this process, allowing your family to focus on healing.

Investigating the Cause of Death

The first step is a comprehensive investigation. Our legal team goes beyond official reports to build a complete picture of what happened. This often involves gathering crucial evidence that may otherwise be lost.

This investigative work includes:

• Collecting police reports, accident reports, and medical records.
• Interviewing eyewitnesses to understand the sequence of events.
• Preserving physical evidence from the scene of the incident.
• Working with accident reconstructionists, engineering professionals, and medical reviewers to provide clear testimony on how the death occurred and who was at fault.

This detailed groundwork is the foundation of a strong legal claim for holding the responsible parties accountable.

Identifying All Liable Parties

In many cases, more than one person or entity may be responsible for a death. For example, in a truck accident, the liable parties could include the truck driver, the trucking company that employed them, the company that loaded the cargo, and even the manufacturer of a faulty truck part. In a medical malpractice case in a Brooklyn hospital, both the negligent doctor and the hospital that employed them could be held responsible. 

An experienced NYC wrongful death lawyer will work to identify every party that contributed to the loss to ensure complete justice for your family.

Building a High-Stakes Case for Justice

Greenberg Gross LLP is a firm of trial lawyers with a history of handling high-stakes cases. We bring that same level of dedication and strategic thinking to every wrongful death claim. We meticulously prepare each case as if it will go to trial. This preparation involves developing a compelling narrative supported by undeniable evidence, demonstrating the full impact the loss has had on your family. 

Our readiness to argue your case in court gives us significant leverage in settlement negotiations, as opponents know we will not back down from a fight for fair compensation.

Understanding Compensation in a Wrongful Death Claim

No amount of money can ever replace a loved one. However, the legal system provides a way to secure financial compensation, known as damages, to help ease the economic burdens that a sudden loss creates. A wrongful death lawsuit aims to recover these damages for the surviving family members.

In New York, the damages awarded in a wrongful death claim are primarily focused on the financial losses resulting from the death. These are called "pecuniary losses." Additionally, a related claim, called a survival action, can be brought to recover for the pain and suffering the deceased person experienced before they passed away.

A  wrongful death lawyer in New York City can help your family calculate the full scope of these losses, which may include:

• Lost Financial Support: The income and benefits the deceased would have earned and provided for the family throughout their lifetime.
• Loss of Services: The value of the services the deceased provided, such as childcare, home maintenance, and other household support.
• Loss of Inheritance: The amount the surviving family members would have likely inherited had the deceased lived a full life.
• Medical Expenses: The cost of any medical care the deceased received for their final injury before their death.
• Funeral and Burial Costs: The reasonable expenses associated with the funeral and burial arrangements.
• Loss of Parental Nurturing and Guidance: For surviving children, this compensates for the loss of their parent’s care, guidance, and support.

A survival action may also recover damages for the conscious pain and suffering your loved one endured between the moment of injury and their death. This is separate from the family’s grief and is intended to compensate the estate for what the deceased themselves experienced. 

The New York Statute of Limitations for Wrongful Death

It is vital to understand that the law places a strict time limit on your right to file a wrongful death lawsuit. This deadline is called the "statute of limitations." In New York, the general rule is that a wrongful death claim must be filed within two years from the date of the person's death.

If you fail to file a lawsuit within this two-year window, the court will almost certainly dismiss your case, and your family will lose the right to seek compensation forever. While two years may seem like a long time, building a strong case requires a significant amount of work, including investigation and evidence gathering, so it is important to contact an experienced wrongful death lawyer as soon as possible.

Furthermore, some circumstances can make the timeline even shorter or more complex. For example, if the wrongful death was caused by a government entity, such as the City of New York or the MTA, you must file a "Notice of Claim" within 90 days of the incident.

These deadlines are strict and unforgiving, highlighting the importance of seeking legal guidance promptly.

New York City Wrongful Death FAQs

Here are answers to some common questions that families have when considering a wrongful death claim.

Contact a Greenberg Gross New York City Wrongful Death Lawyer Today

If your family is grieving the loss of a loved one due to someone else's negligence, you deserve answers and accountability. At Greenberg Gross LLP, our attorneys are ready to stand with you. We have built our reputation on fighting for clients in their most significant matters, and we are prepared to put our experience to work for you.

Let us help you honor your loved one’s memory by seeking the justice your family deserves. Contact us today for a confidential consultation to discuss your case with a compassionate and trial-ready New York City wrongful death lawyer.