New York Wrongful Death Attorney | The Law Offices of Michael S. Lamonsoff

Understanding Wrongful Death Claims

Wrongful deaths occur when a person loses their life due to the negligence, recklessness, or intentional misconduct of another party. Put differently, it should never have happened. Unlike criminal homicide cases, wrongful death claims are civil actions brought by the deceased’s family or estate to seek financial compensation.

The emotional and financial consequences for survivors can be devastating, including the loss of companionship, lost income, medical bills, and funeral expenses. In New York, families should turn to experienced wrongful death attorneys to help them deal with the complex legal process and obtain justice and compensation.

Location Types Where Wrongful Death Cases Commonly Occur

Wrongful death cases can arise in various locations, depending on the circumstances of the accident. Some of the most common locations include:

Roadways: Car, truck, motorcycle, bicycle, and pedestrian accidents are among the leading causes of wrongful deaths in New York. These often occur at dangerous intersections, highways, or areas with heavy traffic congestion.
Worksites: Construction sites are notorious for fatal accidents due to falls, heavy machinery accidents, electrocution, or being struck by falling objects. Industrial workplaces and factories also present significant risks.
Public and Private Properties: Slip and fall incidents, security negligence, or hazardous conditions on premises such as apartment buildings, retail stores, and entertainment venues can lead to fatal injuries.
Nursing Homes: Elderly individuals may suffer wrongful death due to abuse, neglect, or inadequate medical care in long-term care facilities.
Recreational Areas: Drowning accidents at pools, amusement park ride failures, and other recreational activities can result in fatal injuries.

Who Can Be Held Liable in a New York Wrongful Death Case?

Determining liability in wrongful death cases requires thorough investigation. Depending on the circumstances, the following parties may be held accountable:

Negligent Drivers: If the wrongful death resulted from a car accident, the at-fault driver may be held liable.
Employers: In workplace fatalities, an employer may be responsible if they failed to maintain a safe working environment.
Property Owners: If hazardous conditions on a property led to a wrongful death, the property owner or manager could be liable.
Manufacturers: Companies that produce defective or dangerous products may be held accountable for fatal injuries caused by their products.
Government Entities: If a public agency or municipality failed to maintain roads, provide proper signage, or ensure public safety, they might be held liable under certain conditions.

Eligible Claimants in New York Wrongful Death Cases

Under New York law, the personal representative of the deceased's estate must file the wrongful death claim. However, the compensation is distributed among eligible family members, including:

Spouse: Generally receives the largest share of damages.
Children: If the deceased had minor or adult children, they are entitled to a portion of the compensation.
Parents: If the deceased had no spouse or children, surviving parents may recover damages.
Siblings and Other Dependents: If there are no immediate family members, siblings or other financially dependent relatives may be entitled to a portion of the settlement.

Damages in a wrongful death lawsuit typically cover medical expenses, funeral and burial costs, loss of income, and loss of parental guidance or companionship. Unlike some other states, New York does not allow compensation for grief and emotional suffering in wrongful death claims.

Wrongful Death vs. Survival Action in New York

A wrongful death claim is different from a survival action.

Wrongful Death Claim: Filed to compensate family members for the financial losses suffered due to their loved one's death.
Survival Action: Filed on behalf of the deceased person’s estate to recover damages the deceased could have claimed if they had survived. This may include pain and suffering experienced before death.

Both actions may be pursued simultaneously, but they serve different legal purposes.

Statute of Limitations for Wrongful Death in New York

New York law imposes a strict statute of limitations for wrongful death claims. In most cases, a lawsuit must be filed within two years from the date of death. If the claim involves a government entity, a Notice of Claim must be filed within 90 days, and a lawsuit must be initiated within one year and 90 days of the death. Missing the statute of limitations can result in the loss of the right to seek compensation.

Types of compensation/damages in wrongful death cases in New York

When a loved one dies due to another party’s negligence, New York law allows surviving family members to seek compensation for their losses. The damages in a wrongful death claim are meant to provide financial relief and justice for the survivors. These damages include:

Medical Expenses – Any medical bills incurred due to the deceased’s injuries before their passing, including hospital stays, surgeries, medications, and emergency care.
Funeral and Burial Costs – Reasonable costs associated with the funeral, cremation, or burial services.
Lost Wages and Benefits – The income the deceased would have earned had they lived, including potential raises, bonuses, retirement benefits, and pensions.
Loss of Parental Guidance – Compensation for children who have lost the nurturing, education, and guidance a parent would have provided.
Loss of Services and Support – The value of household services the deceased provided, such as childcare, home maintenance, and daily assistance.
Pain and Suffering of the Deceased – Damages for the conscious pain and suffering the deceased endured before passing.
Interest on Damages – New York law allows the estate to claim interest on awarded damages, starting from the date of death.

Steps to Take if a Loved One Wrongfully Died

Losing a loved one is overwhelming, but taking the right legal steps can help secure justice and compensation. The most critical actions include:

Contact an Attorney Immediately – A wrongful death lawyer can guide you through legal complexities and protect your rights.
Gather Evidence – Obtain medical records, accident reports, witness statements, and any photos or videos related to the incident.
Preserve Financial Records – Keep documentation of the deceased’s income, benefits, and contributions to the family.
Avoid Speaking to Insurance Companies – Insurers may attempt to minimize payouts; refer them to your attorney instead.
File a Wrongful Death Claim on Time – New York has strict deadlines for wrongful death lawsuits, making timely action crucial.

Why Early Investigation Matters in Wrongful Death Cases

A prompt and thorough investigation is key to building a strong wrongful death claim. Insurance companies and defendants often attempt to destroy or hide critical evidence, making early legal action essential.

Preserving Evidence – Physical evidence, security footage, and accident reports can disappear or be altered over time.
Locating and Interviewing Witnesses – Witness memories fade, and early testimony can significantly strengthen a case.
Obtaining Expert Testimony – Medical professionals, accident reconstruction specialists, and financial experts can provide critical insights.
Countering Insurance Company Tactics – Defendants may try to shift blame or reduce liability, but a timely investigation can prevent this.
Strengthening Negotiation Leverage – A well-documented case increases the likelihood of a higher settlement before trial.

Schedule A Free Consultation

Why Choose "The Bull" to Maximize Your Wrongful Death Compensation

Michael S. Lamonsoff, widely known as "The Bull," has built a reputation as one of New York’s most aggressive personal injury attorneys. Our firm’s litigation capabilities ensure that wrongful death victims and their families receive maximum compensation through a settlement or a trial verdict.

Record of Winning High-Value Cases – Michael S. Lamonsoff and his firm have secured over $500 million in settlements and verdicts.
Trial-Ready Strategy – Unlike many firms that rush to settle, "The Bull" prepares every case as if it will go to trial, putting pressure on insurance companies.
Elite Legal Team – A handpicked group of highly aggressive attorneys, paralegals, and experts work together to build the strongest possible case.
Unmatched Client Advocacy – Michael S. Lamonsoff has more 5-star reviews on Avvo than any other personal injury attorney in New York and holds a perfect 10.0 rating.
Multilingual Legal Assistance – The firm has dedicated Portuguese and Spanish teams to ensure that every client receives comprehensive legal support.

Wrongful death claims in New York are legally complex and emotionally challenging for surviving family members. At the Law Offices of Michael S. Lamonsoff, PLLC, our experienced wrongful death lawyer can provide families with skilled and compassionate representation, giving them the best chance to achieve justice for the deceased and financial stability for their loved ones.

Member of:

Board of Directors of NY State Trial Lawyers Association
American Association for Justice
NY County Lawyers Association

Educated at:

University of Arizona
Benjamin N. Cordozo School of Law
Double post-masters degrees in psychology at Columbia University

Awards:

6X Super Lawyers Panel
Million Dollar and Multi Million Dollar Advocates Forum

Frequently Asked Questions on Wrongful Death Claims in New York

Can a wrongful death claim be filed if the victim had a pre-existing condition?

Yes, a wrongful death claim can still be filed even if the victim had a pre-existing condition. If the negligent party's actions accelerated or worsened the condition, ultimately leading to the person’s death, they can still be held liable. However, proving this connection may require extensive medical evidence and expert testimony.

Can a family sue for wrongful death if the victim was partially at fault?

New York follows a comparative negligence rule, meaning that even if the victim was partially responsible for the incident, their family may still recover damages. However, the total compensation may be reduced by the percentage of fault assigned to the victim. Establishing a strong case with legal representation is crucial to minimizing any reduction in damages.

Is an autopsy required to file a wrongful death lawsuit in New York?

An autopsy is not legally required to pursue a wrongful death claim, but it can be a crucial piece of evidence. If the cause of death is disputed or unclear, an autopsy report can provide vital medical proof linking the fatal injuries to the negligent act. Without it, the defense may argue that another factor caused the death.

Can a wrongful death claim be filed if the deceased had no income?

Yes, a wrongful death claim is not limited to lost wages. Families can still seek compensation for other damages, such as loss of companionship, guidance, and household contributions. Even if the deceased was a stay-at-home parent or retired, their role in the family can still be valued financially in the claim.

What happens if the liable party dies before the wrongful death case is resolved?

If the defendant in a wrongful death case passes away, the claim does not disappear. Instead, the lawsuit can be pursued against their estate. The deceased defendant’s assets may still be used to compensate the surviving family members of the wrongful death victim.

Can a wrongful death claim be filed against the government in New York?

Yes, but suing a government entity for wrongful death is more complex. Claims against the state, city, or a public agency must follow strict procedures under the Court of Claims Act or General Municipal Law. A Notice of Claim must typically be filed within 90 days, making it critical to act quickly.

Are punitive damages available in New York wrongful death cases?

Unlike some states, New York generally does not allow punitive damages in wrongful death claims unless there is extreme misconduct, such as reckless disregard for human life or intentional harm. However, in rare cases, punitive damages may be awarded if the negligence was particularly egregious.

Can a wrongful death lawsuit be reopened after it has been settled?

Once a wrongful death case has been settled and the agreement is finalized, it is typically binding and cannot be reopened. However, if new evidence emerges proving fraud, misrepresentation, or legal misconduct in the settlement process, there may be legal grounds to challenge the resolution.

How does New York law handle wrongful death claims involving undocumented immigrants?

Undocumented immigrants have the same legal rights to file a wrongful death claim as any other person in New York. The immigration status of the deceased or their surviving family members does not affect their ability to seek compensation. However, some families may be hesitant to pursue claims due to immigration concerns, making legal representation particularly important.

Wrongful Death