Why Work With Finkelstein & Partners, LLP?

Since 1959, our firm has worked with victims across New York—helping pursue compensation when someone has suffered an injury or lost their life due to the negligence of another party. Some of the successes we have had in wrongful death cases include: $7.5 million verdict - Wrongful death - preventable drowning incident $4.75 million settlement - Wrongful death - product liability $3.25 million settlement - Wrongful death - failure to treat acute asthma $3.2 million settlement - Wrongful death - state of New York $1.3 million settlement - Drunk driver’s insurance pays full policy for wrongful death We know past results are not an indicator of future results. What we can commit to potential clients is that we will work hard to make sure the responsible parties are held accountable for their actions or inaction. Whether you want to meet in person or virtually, we can help. We are here to represent those victims who would otherwise feel they have no place to turn when they need help holding someone accountable. Contact Finkelstein & Partners, LLP, today and schedule a free consultation. We are here to help you through the complex process of filing a wrongful death claim.

What Steps You Should Take Following the Loss of a Loved One

Losing a loved one is a shock. You are dealing with the shock and grief surrounding your loss. You have questions, but you may not know where to turn. That is when you should contact Finkelstein & Partners, LLP. When you contact us, we will help you understand your legal rights under New York’s wrongful death laws. We will also make sure you have an understanding of your legal options. Our goal will be to resolve your case as quickly as possible. However, we will not take any shortcuts. We will fight tirelessly to ensure that your family gets the compensation they need to remain financially stable after you have lost a loved one. We know this is a financially uncertain time. You do not have to worry about paying us up front. We take all cases on a contingency fee basis. This means that we do not collect any attorney’s fees unless and until we can secure a settlement on your behalf.

New York Personal Injury Attorney / New York Wrongful Death Lawyers

New York Wrongful Death Lawyers

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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959

Losing a family member because of someone else’s negligence is devastating. On top of the grief, families are often left with mounting financial pressure, unanswered questions, and no clear path forward. New York law gives eligible family members the right to pursue a wrongful death claim, but the process is governed by specific rules that are easy to get wrong without legal guidance.

At Jacoby & Meyers, our attorneys have spent decades helping families across New York hold negligent parties accountable for the losses they caused. This page explains how New York wrongful death law works, who can file, what damages may be recoverable, and what to expect from the process.

What New York Wrongful Death Law Covers

New York’s wrongful death statute is codified under EPTL §5-4, which defines when a civil claim can be brought following a death caused by another party’s wrongful act, neglect, or default. The law is narrow by design. Not every tragic death gives rise to a legal claim, and understanding the statute’s scope is the first step in evaluating whether your family has a viable case.

The Legal Standard Under EPTL § 5-4

To bring a wrongful death claim in New York, the deceased must have had a viable personal injury claim at the time of death. That means the death must have resulted from a wrongful act, negligence, or failure to act by another person or entity. If the deceased could have sued for their injuries had they survived, the estate may have grounds to pursue a wrongful death action.

Types of Cases that Qualify

Wrongful death claims arise from many different circumstances, including car accidents, medical malpractice, construction site injuries, defective products, and premises liability incidents. Our New York car accident lawyers handle a significant portion of these matters, as motor vehicle collisions remain one of the leading causes of wrongful death in the state. Each case is evaluated on its own facts, and liability can rest with an individual, a business, or a government entity.

Who Is Considered a Surviving Family Member

New York law limits who can recover in a wrongful death action. Eligible distributees typically include a surviving spouse, children, and parents, though the specific distribution of any recovery depends on the family’s circumstances and applicable inheritance rules. The claim must be filed by the personal representative of the deceased’s estate, even if the damages ultimately flow to family members.

Filing a Wrongful Death Claim in NY

The wrongful death lawsuit process in New York follows a defined procedural path. Deadlines are strict, the required parties are specific, and missing a step can result in losing the right to recover entirely. Understanding how the process works from the start helps families make informed decisions quickly.

The Two-Year Statute of Limitations

New York imposes a two-year statute of limitations on wrongful death claims, measured from the date of the decedent’s death. This deadline is strictly enforced, and courts have limited discretion to extend it. Families who wait too long to consult an attorney risk losing access to compensation regardless of how strong their underlying case may be.

Who Files the Claim

Only the personal representative of the deceased’s estate, typically an executor or administrator, has legal standing to file a wrongful death claim that families pursue. If no estate has been opened, that step must happen first before a lawsuit can be initiated. Our attorneys can walk families through the estate administration process as part of the broader representation.

Gathering Evidence and Building the Case

Successful wrongful death claims depend on evidence collected early. That includes police reports, medical records, eyewitness accounts, expert testimony, and any documentation that establishes how the death occurred and who was responsible. The longer a family waits to involve an attorney, the greater the risk that critical evidence is lost, altered, or destroyed.

Damages in a New York Wrongful Death Lawsuit

New York wrongful death damages are limited by statute to economic losses. Unlike some states, New York does not permit recovery for grief, emotional suffering, or loss of companionship in a wrongful death action. Understanding what is and is not recoverable helps families set realistic expectations before the process begins.

Economic Losses the Estate Can Recover

Recoverable damages in a New York wrongful death lawsuit typically include the financial support the decedent would have provided to surviving family members, the value of lost services, and medical and funeral expenses incurred as a result of the death. Lost earnings are calculated based on the decedent’s age, occupation, income history, and life expectancy. These figures often require input from vocational and economic experts.

Pain and Suffering Through a Survival Claim

While wrongful death damages are limited to economic losses, New York also recognizes a separate survival action under EPTL §11-3.2. This claim belongs to the estate and covers the conscious pain and suffering the decedent experienced between the time of injury and death. The survival action is often brought alongside the wrongful death claim to ensure the estate recovers the full scope of available compensation.

How Damages Are Distributed

Once a wrongful death recovery is obtained, the court must approve how the funds are distributed among the decedent’s distributees. Distribution is not automatic and does not always follow the deceased’s will. New York’s intestacy laws generally govern the allocation unless there are specific circumstances that warrant a different arrangement.

Frequently Asked Questions

Who Can Bring a Wrongful Death Claim in New York?

Only the personal representative of the deceased’s estate, meaning the executor or administrator, can file a wrongful death lawsuit in New York. The representative files on behalf of the estate, and any recovery is then distributed to eligible family members according to the law. Family members who are not the personal representative cannot file independently, but they may benefit from the recovery.

How Long Does a Wrongful Death Lawsuit Take?

There is no fixed timeline, and every case moves at a different pace depending on the facts, the number of defendants, and whether the case settles or goes to trial. Many claims are resolved through settlement negotiations without the need for a full trial, though that process alone can take a year or more. Families should be prepared for a process that requires patience and sustained engagement.

Is There a Cap on Wrongful Death Damages in New York?

New York does not impose a statutory cap on wrongful death damages in most civil cases, though medical malpractice claims involving state-run facilities may be subject to different rules. The amount recovered depends on the specific economic losses the family can document and prove. Each case is different, and no attorney can ethically guarantee a particular recovery amount.

What if the Deceased Was Partially at Fault?

New York follows a pure comparative fault rule, meaning recovery can be reduced in proportion to the decedent’s share of responsibility but is not barred entirely. If the decedent was found to be 30 percent at fault, the family’s recovery would be reduced by that percentage. This makes it important to investigate all contributing factors and present the strongest possible evidence.

Can a Wrongful Death Claim Be Filed if There Is a Criminal Case?

Yes. Civil wrongful death claims and criminal prosecutions are separate legal proceedings with different standards of proof.

A criminal conviction can strengthen a civil case, but a criminal acquittal does not prevent a family from pursuing civil liability. The two processes can proceed simultaneously or independently.

Does Jacoby & Meyers Handle Wrongful Death Cases Outside New York?

Our firm handles wrongful death matters in multiple states. Families in Massachusetts, for example, can contact us through our Boston wrongful death practice for representation under that state’s laws. We work to ensure that families across our service areas receive the same level of attentive, knowledgeable representation regardless of where the case is venued.

Talk to Our New York Wrongful Death Attorneys

Wrongful Death Lawyer New York — **New York Wrongful Death Lawyer, Andrew Finkelstein**

If your family is facing the loss of a loved one caused by someone else’s negligence, you do not have to sort through the legal system alone. Our attorneys at Jacoby & Meyers are here to help you understand your options under New York law and take the right steps within the time allowed. Contact our New York wrongful death lawyers today to schedule a consultation and discuss what your family may be entitled to recover.

We serve families across the state of New York from our offices located in: