New York Wrongful Death Lawyer
Losing someone you love is always heartbreaking. When that loss stems from someone else’s careless actions, it can also feel infuriating. If your family member died in a fatal accident in New York City, a New York wrongful death lawyer at The Platta Law Firm can help you hold the responsible parties accountable. We know that no amount of money can undo your pain.
But a successful legal claim can ease your financial burden and bring a sense of justice. Our legal team has recovered over $150 million for victims and their families. With more than 150 years of combined experience, we’ll fight to secure the compensation your family deserves. We offer free consultations. You won’t pay us unless we win your case. Call our Manhattan office today at 212-514-5100 to get started.
Why You Need a Wrongful Death Attorney in New York City
After an unexpected death, families often struggle with unanswered questions, financial pressure, and emotional distress. Taking legal action might not come to mind immediately—but it could be one of the most important steps you take. Wrongful death cases are rarely simple. Insurance companies often deny valid claims, delay payments, or minimize their financial responsibility. Even when fault seems obvious, navigating New York’s legal system while grieving can feel overwhelming. When you choose The Platta Law Firm, our New York wrongful death lawyers will:
- Explain your legal options, including wrongful death lawsuits and survivor benefits
- Investigate the accident and gather the evidence needed to support your claim
- Work with financial and medical experts to assess the full value of your losses
- Handle all negotiations with insurance companies and opposing attorneys
- Prepare a strong case and go to trial if necessary
We manage the legal work so you can focus on your family and begin the healing process. From the start, we’ll stand by your side—offering support, guidance, and dedicated representation.
What Counts as Wrongful Death in New York?
A wrongful death occurs when someone dies because another person acted negligently, recklessly, or intentionally. Under New York law, if your loved one could have filed a personal injury lawsuit had they lived, then their estate may file a wrongful death claim on their behalf. New York created wrongful death laws to protect grieving families and ensure that negligent parties face legal consequences. These cases may arise from many different situations.
Common causes of wrongful death include car, truck, or pedestrian accidents; construction site injuries; medical negligence or malpractice; and dangerous property conditions such as slip and falls. Other examples include workplace injuries, toxic exposure, accidents involving bicycles, subways, or e-scooters, as well as nursing home abuse or neglect. Defective or unsafe products may also lead to fatal outcomes and give rise to a wrongful death claim.
Our team has handled a wide range of fatal accident cases. No matter how your loss occurred, we’ll help you understand your rights and pursue justice.
Who Can File a Wrongful Death Lawsuit in
New York City?
In New York, only the estate’s personal representative has the legal authority to file a wrongful death lawsuit. The decedent’s will may name this person, or the court may appoint someone if no will exists. While one person brings the claim, multiple family members may receive compensation.
The law prioritizes certain survivors when distributing damages. A surviving spouse typically receives the largest share, followed by the decedent’s children. If no spouse or children exist, the victim’s parents may qualify. In cases where no immediate relatives survive, other legal heirs may become eligible to receive compensation. Our wrongful death attorneys will review your situation, help you identify the personal representative, and explain who qualifies for compensation.
What Is a Wrongful Death Case Worth?
The value of a wrongful death case depends on many factors, such as the victim’s age, income, health, and role in the family. If your loved one provided financial support or essential services, the loss could have a profound impact. To estimate your case value, we consider:
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The decedent’s lifetime earning potential
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Lost retirement and health benefits
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Medical bills from the final injury
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Funeral and burial expenses
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Loss of services like childcare, household work, or elder care
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The financial impact of lost inheritance
Every case is different. Our lawyers collaborate with experts to fully understand your losses and pursue maximum compensation.
What Damages Can a New York Wrongful Death Lawyer Recover?
Current New York law only allows compensation for economic losses—not emotional suffering. While that may sound restrictive, these financial damages can still be significant. We may pursue compensation for:
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Medical care received before death
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Funeral and burial expenses
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Lost wages and future earnings
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Lost parental care or household services
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Retirement savings and insurance benefits
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Loss of guidance and support for surviving children
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Inheritance losses
If your loved one suffered before passing, we may file a separate survival action to seek compensation for pain and suffering. Courts may also allow damages for “fear of impending death” when applicable. Our team examines every possible angle to ensure your claim covers the full impact of your loss.
What’s the Statute of Limitations for Wrongful Death Lawsuits in New York?
You have two years from the date of death to file a wrongful death lawsuit in most cases. If medical malpractice caused the death, the deadline extends to two and a half years. Certain situations can affect these time limits. For example, if a government agency played a role in the death, you must file a notice of claim within 90 days. If a related criminal case is underway, the court may pause—or “toll”—the civil deadline until that case concludes.
In addition, if lawmakers pass the Grieving Families Act, the statute of limitations could extend to three years and six months. This proposed legislation would give families more time to pursue justice. Missing the deadline means giving up your right to seek compensation. Our attorneys will ensure your case is filed on time and handled properly from the very start.
Can I File a Case if My Loved One Was Partially at Fault?
Yes. Even if your family member shares some blame, New York’s pure comparative fault rule still allows your family to recover compensation. The rule reduces the total award based on your loved one’s percentage of fault. For example, if investigators find the decedent 30% responsible, your family can still receive 70% of the damages. Insurance companies often try to shift blame. Our attorneys push back to defend your loved one’s reputation and fight for the full compensation you deserve.
How Much Does It Cost to Hire a Wrongful Death Lawyer in NYC?
You don’t need to worry about paying out of pocket. Our wrongful death attorneys work on a contingency fee basis, which means you only pay if we successfully recover compensation for you. You won’t owe anything upfront. We cover the costs of building your case and only collect our fee if we win. When we do recover compensation, our payment comes from a percentage of your settlement or verdict—not from your own pocket. We believe every family deserves strong legal representation, no matter their financial situation.
Wrongful Death Cases – FAQ
How Long Do I Have to File a New York Wrongful Death Lawsuit?
Most New York wrongful death lawsuits must be filed within two years of the date of death. However, pending legislation, popularly known as Grieving Families Act, increases that time period to three years. Prior versions of the Act – repeatedly vetoed by Governor Hochul – set the deadline at three years and six months. The 2025 version of the Act passed by the Legislature shortened the time period to three years.
How Much Can I Recover in a Wrongful Death Lawsuit?
The amount of damages that one can collect in a New York wrongful death suit varies widely, and is mostly influenced by the economic loss suffered by the decedent’s beneficiaries. New York law does not place a dollar amount as a cap on lawsuit damages, such that the amount recoverable depends mostly on financial losses.
Who Receives the Money from a Wrongful Death Claim?
The family members who are entitled to damages from a wrongful death lawsuit are the spouse; and children under the age of 21 at the time of the decedent’s death. But the answer to the question might not be quite that simple. In some wrongful death cases, it can be proven that a child older than 21 years of age relied up on the decedent for support. In addition, in some cases damages in a death case are divided between pre-death damages – i.e., the decedent’s pain and suffering – and the wrongful death damages themselves.
Damages awarded for the decedent’s pain and suffering would pass through the estate, either pursuant to the decedent’s will, or if there was no will, under the laws of the State of New York. Learn more about how family members distribute wrongful death settlements.
Can a Decedent’s Heirs Recover for Emotional Suffering in a New York Wrongful Death Case?
As it now stands, New York does not permit a decedent’s heirs – his or her closest family members – to recover for emotional pain and suffering in a New York wrongful death case. However, proposed legislation known as the New York Grieving Families Act seeks to change this outdated concept. It would allow a broad range of persons to recover for emotional loss. Prior versions of the Act permitted the factfinder (usually the jury) to determine the question of closeness in order for that person to recover under the Act. The 2025 version of the Grieving Families Act sets forth the specific class of persons eligible to recover.
If a Decedent Died Instantly, Is a New York Wrongful Death Case Still Permitted?
Even in cases where death was immediate, damages can be awarded for “fear of impending death”, as a category of a decedent’s pain and suffering. This category of damages would pass through the estate, and would technically not be an element of wrongful death damages.
Even when death happens quickly, courts may recognize a claim for the fear of impending death. We’ll investigate the circumstances to see if this applies.
If My Loved One Wasn’t Financially Supporting Anyone Is a New York Wrongful Death Case Still Available?
Wrongful death cases can remain available even when a decedent was not financially supporting anyone. Damages can still be awarded for medical costs and funeral and burial expenses.
Contact a New York Wrongful Death Lawyer at The Platta Law Firm
If someone else’s negligence caused your loved one’s death, you shouldn’t have to face the aftermath alone. A New York wrongful death lawyer at The Platta Law Firm will guide you every step of the way and fight for the justice your family deserves. We represent clients throughout all five boroughs—Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Since 2007, our firm has helped countless families recover financially and begin to heal after devastating losses. Call 212-514-5100 today or contact us online to schedule a free consultation. We’re here when you need us most.
