New York City Wrongful Death Lawyer

Losing a loved one is one of life’s greatest pains, and when that loss is caused by someone else’s negligence or wrongful act, the grief is compounded by anger, confusion, and uncertainty about the future. At Hach & Rose, LLP, we understand. 

Families across New York have trusted us for decades to secure justice and financial security after tragic accidents or fatal events. If another person or entity’s reckless actions cut your family’s future short, turn to our experienced New York wrongful death lawyers for guidance, relentless advocacy, and compassionate support.

Key Takeaways About Wrongful Death in New York

• Only the personal representative (executor) of the deceased’s estate can file a wrongful death lawsuit in New York; compensation is typically distributed to qualifying family members.
• The statute of limitations is two years from the date of death, with exceptions in rare cases or when a minor is the only beneficiary.
• Damages are generally limited to economic losses (such as lost income and funeral costs), although potential reforms may expand this for future claims.
• Wrongful death claims can arise from many scenarios, including medical malpractice, car crashes, construction accidents, nursing home neglect, and more.
• Early legal action preserves evidence, addresses strict deadlines, and maximizes your family’s recovery.
• Hach & Rose, LLP handles wrongful death cases on a contingency basis so you pay no legal fees unless compensation is recovered for you.

Why Choose Hach & Rose as Your Wrongful Death Attorneys in NY?

For decades, Hach & Rose, LLP has represented grieving families across New York City (Manhattan, Brooklyn, Bronx, Queens, Staten Island) and statewide. Our team has secured over $1 billion in settlements and verdicts for injury victims and their families. National recognition, local roots, and a reputation for fierce, compassionate advocacy set us apart from other New York law firms. Consider these differences:

• Longstanding Results: We are among New York’s leaders in high-value wrongful death litigation.
• Client-Focused: Every client is treated as family, with individualized counsel and attentive support.
• Contingency Fees: You pay nothing unless we recover compensation on your behalf.
• Full-Scale Investigation: We have the resources to employ experts, reconstruct accidents, and explore every legal avenue.
• Clear Communication: From initial consultation to resolution, our team answers your questions and guides you every step.
• Comprehensive State-Wide Coverage: Serving all of New York City and beyond—from Long Island to Buffalo.

What Is Considered Wrongful Death Under New York Law?

A “wrongful death” occurs when a person dies as a direct result of another party’s negligent, reckless, or intentional act or failure to act. The key legal question is: Would the deceased person have had grounds for a personal injury lawsuit if they had survived? 

In New York, wrongful death claims hold individuals, corporations, or institutions accountable while providing financial aid to grieving families. Families may also need to file a wrongful death action when a loved one’s death is caused by negligence or misconduct. Examples of situations that could lead to a wrongful death claim include fatal car and truck accidents, medical malpractice, workplace injuries, dangerous property conditions, defective products, violent crimes, and nursing home neglect.

Common Causes of Wrongful Death in New York

New York’s bustling streets, busy hospitals, and massive construction sector produce many types of wrongful death claims, including:

• Car, Truck, and Motorcycle Accidents: Fatal collisions due to another person’s reckless driving, speeding, or intoxication.
• Medical Malpractice: Surgical errors, misdiagnoses, delayed treatment, medication mistakes, or birth injuries that cost lives.
• Construction and Workplace Accidents: Falls, equipment failures, or safety violations on job sites.
• Nursing Home Abuse or Neglect: Falls, preventable infections, or physical abuse leading to death in care facilities.
• Slip and Fall Accidents: Dangerous property conditions, such as icy sidewalks or faulty staircases, resulting in fatal injuries.
• Defective Products: Automobiles, machinery, medication, and consumer products with design or manufacturing flaws.

The circumstances of every case are unique. Hach & Rose is prepared to fully investigate to help prove causation, no matter how complex the facts.

Who May File a Wrongful Death Lawsuit in New York?

Only the estate’s personal representative has standing to initiate a wrongful death claim. This person is usually named in the decedent’s will or appointed by the court if there is no will or named representative. 

While family members (spouse, children, parents, dependents) are eligible to receive compensation, they cannot directly file unless they are also the personal representative.

Eligible beneficiaries can include:

• Spouse of the deceased
• Biological or adopted children (minor and adult)
• Parents (when the victim leaves no spouse or child)
• Financially dependent relatives

If there is no will or named executor, the Surrogate’s Court will appoint a representative.

What Damages are Available in New York Wrongful Death Cases?

Unlike many states, New York’s wrongful death statute generally restricts recoverable damages to economic losses such as:

• Medical expenses incurred prior to death
• Funeral and burial costs
• Lost wages and future earnings that the deceased would have provided
• Loss of parental guidance, care, and support (for surviving children)
• Value of household services performed by the deceased
• Loss of inheritance (in rare cases)
• Conscious pain and suffering endured by the decedent before death (if provable)

Non-economic damages, such as mental anguish, loss of companionship, or grief, are not presently available to survivors under New York law. However, the proposed Grieving Families Act aims to expand damages and eligibility for families who have lost someone due to someone else’s negligence. Our team can explain more about pending legislation that could affect your options during a free case consultation.

Statute of Limitations: How Long Do You Have to File?

Under the general New York limitations rule, you have two years from the date of death to file a wrongful death lawsuit in New York. Missing this deadline almost always prevents financial recovery, regardless of how strong your case is.

Here are a few common exceptions to the general rule:

• If the death resulted from a crime, civil cases may have a one-year window after the criminal trial concludes.
• In medical malpractice cases, the period may extend to two years and six months from the death.
• If a minor is the only beneficiary, the time limit may be paused, or “tolled,” but a guardian should be appointed promptly.

It’s best to consult legal counsel as soon as possible to understand the filing deadline that applies to your situation, identify any exceptions, and avoid costly mistakes.

How a New York Wrongful Death Lawyer Can Help

Navigating grief is hard enough. Our skilled wrongful death attorneys relieve legal burdens and work to maximize your family’s recovery by:

• Thoroughly investigating the accident, gathering key evidence, and working with forensic and medical experts
• Identifying and pursuing all liable parties—from individuals to major corporations
• Filing all necessary court documents and meeting procedural requirements
• Calculating and proving damages to ensure your family receives every dollar allowed by law
• Negotiating with insurance companies that often undervalue or deny claims
• Taking your case to trial if settlement offers are inadequate
• Representing clients across all boroughs—from navigating Manhattan courtrooms to guiding families in Brooklyn, Queens, Staten Island, the Bronx, Long Island, and beyond

The Process: What to Expect in a New York Wrongful Death Claim

1. Initial Consultation: Our attorneys meet with you in a free consultation to understand your loss, explain your rights, and evaluate the case.
2. Investigation: We gather records, witness statements, forensic data, and expert opinions.
3. Filing: We help the personal representative file the case in the proper court before the statute of limitations expires.
4. Negotiation: Most cases are resolved through settlements, and our experience gives us strong leverage in the negotiation phase. However, we will take your case to trial if needed.
5. Distribution of Damages: We help the personal representative distribute any award or settlement to eligible family members under court supervision.

The entire legal process is complex. Partnering with our skilled New York wrongful death lawyers ensures the best possible outcome while easing your burden during a time of loss. Knowing when to hire an attorney is essential so your family can act quickly and protect important legal rights.

Frequently Asked Questions FAQs About Wrongful Death in New York

Contact Hach & Rose: New York Wrongful Death Lawyers Who Are Ready to Help

Justice after tragedy requires the right team in your corner. At Hach & Rose, LLP, our experienced wrongful death attorneys offer the support, determination, and in-depth legal skill you need at this most difficult time. 

If you have lost a loved one due to another person’s negligence, do not wait—contact our New York wrongful death lawyers for a free and confidential consultation at (646) 798-8386 or complete our online form.