New York City Wrongful Death Lawyer

Losing a loved one due to someone else’s negligence is heartbreaking, and your family deserves justice and compensation to help you cope in their absence.

At Levine And Wiss, our New York City wrongful death lawyers are committed to helping families hold negligent parties accountable. With over 100 years of combined experience, we are prepared to fight for your family’s future.

We prioritize direct communication, and you’ll work closely with our attorneys throughout your case. Our New York City personal injury lawyers have successfully represented families in wrongful death claims. Contact us today for compassionate legal support.

Can Anyone File a Wrongful Death Claim in New York City?

Under EPT § 5-4.1, New York only allows a personal representative of the deceased to file a wrongful death claim. Your loved one may have selected this representative, or the court may assign someone to fill this role.

Our New York City wrongful death attorneys can explain the responsibilities of this role and determine who in your family is eligible to take legal action.

Types of Cases Our New York City Wrongful Death Attorneys Handle

Our team of attorneys at Levine And Wiss helps families seek justice after a wide range of fatal accidents. New York allows representatives of estates to file a claim if wrongful conduct, neglect, or default led to a loved one’s fatal accident injuries.

Motor Vehicle Accidents

We can help if your loved one suffered a fatal car collision due to negligence. Our New York City car accident lawyers will investigate the crash, determine liability, and fight for your family’s much-deserved compensation.

Truck Accidents

Losing a loved one in a truck accident presents unique challenges due to the involvement of trucking companies, their insurers, and regulatory agencies, such as the Federal Motor Carrier Safety Administration (FMCSA).

A New York City truck accident lawyer can handle these complicated claims and hold all responsible parties accountable.

Motorcycle Accidents

If your loved one suffered a fatal motorcycle crash, a New York City motorcycle accident lawyer can step in to protect your rights. We work to identify negligent drivers or other parties responsible for the collision and build a strong case for your family.

Bicycle Accidents

Negligent drivers put everyone on and near the road at risk, including bicyclists. Our New York City bicycle accident lawyer can help you pursue justice for your loved one.

Pedestrian Accidents

If your loved one was struck by a negligent driver while walking, a New York City pedestrian accident lawyer can help you hold the responsible party accountable and seek compensation for your family’s loss.

Construction Site Accidents

Your family may have a chance to file a wrongful death claim if you lost a loved one in a construction accident. Our New York City construction accident lawyers can also build a claim if a third party, like an equipment manufacturer, caused the fatal accident.

Slip and Fall Accidents

Fall-related injuries can prove fatal, especially for older adults. Our New York City slip and fall accident lawyers can assist your family after a fatal fall. We know how to handle premises liability claims and will strive to hold a negligent property owner responsible.

How a Wrongful Death Lawyer in New York City Can Help

Our wrongful death lawyer in New York City works closely with a personal representative to understand the full impact of your loved one’s passing—emotionally, financially, and legally. From gathering evidence to negotiating settlements with insurance companies, we’re by your side every step of the way.

Provide Personalized Legal Support

At Levine And Wiss, our New York City wrongful death lawyers provide compassionate, tailored legal representation to meet the unique needs of your family.

Our personalized approach ensures your family’s voice is heard, and we fight to secure the justice and compensation you deserve during this difficult time.

Identify the Liable Party

We identify the person or party responsible for the loss of your loved one so we can hold them accountable for the pain they have caused. We want to help your family secure a sense of closure after losing a loved one to a fatal injury.

We begin by investigating the facts surrounding the incident and gathering evidence for a wrongful death action.

Filing Your Wrongful Death Claim or Lawsuit

We take steps to resolve a wrongful death claim for your family. In many cases, we can negotiate with the insurance company that represents the at-fault party, bringing your family a settlement.

However, we aren’t afraid to go to trial and fight to get you everything you need. If the liable party refuses to negotiate in good faith, we can take legal action by filing a wrongful death lawsuit. You can discuss all your options with a risk-free consultation.

Damages Available Through a Wrongful Death Claim

The liable party may need to provide financial damages to your family after a fatal incident. Financial recovery may go to the survivors or the estate of the deceased person.

Depending on your situation, your family may qualify for the following wrongful death damages:

• A loved one’s burial expenses and funeral expenses: Burial costs and funeral arrangements can add up quickly, and a wrongful death claim can help relieve the financial burden of laying your loved one to rest.
• Your loved one’s medical expenses: These financial losses include any medical bills incurred before your loved one’s passing, such as hospital stays, surgeries, or emergency care.
• Your loved one’s pain and suffering: Compensation may be available for the physical and emotional pain your loved one endured before their death as a result of the accident.
• Lost financial support or loss of inheritance: If your loved one contributed to your household income, you can seek damages to replace the financial support they would have provided.

You may also receive damages for lost parental care and guidance if you lost a parent. Our wrongful death lawyer in New York City can provide you with more information about potential financial compensation.

Why Select Our Wrongful Death Attorneys in New York City

Our team of personal injury attorneys will put you first and compassionately address all of your legal needs after the loss of a loved one.

Our law firm draws on over 100 years of combined legal experience to personalize the services we offer in this challenging time. We’ve obtained hundreds of millions of dollars in compensation for our clients. 

We are never afraid to take a case to trial to secure justice for surviving family members.

We Help Families by Handling Wrongful Death Cases on a Contingency Fee Basis

Your family won’t have to worry about paying upfront legal fees when you hire us after a family member’s fatal accident.

Our legal team only accepts payment for these fees after resolving your claim because we never want to add to the stress you feel while grieving.

How Long Do You Have to File a Wrongful Death Lawsuit?

In New York, families typically have two years from the date of their loved one’s death to file a wrongful death lawsuit. This time frame is strict. If you fail to file your claim by that deadline, the court may dismiss your case, and you could lose your right to pursue compensation.

It’s important to note that certain factors may impact the time you have to file. For instance:

• If a government entity is involved, additional requirements, like filing a notice of claim, may apply.
• In rare cases, the statute of limitations may be extended under specific circumstances, such as delayed discovery of negligence.

Working with a New York City wrongful death lawyer at Levine And Wiss ensures your case is filed promptly and within all legal deadlines. Our attorneys can keep an eye on the statutory clock as we build your case and negotiate a settlement to protect your right to take legal action against a responsible party.

Common Challenges in Wrongful Death Claims

Wrongful death claims can be emotionally taxing and complicated to handle, especially for grieving families. Succeeding in these cases often requires understanding intricate laws, gathering substantial evidence, and dealing with parties who may not take responsibility for their actions. 

At Levine And Wiss, we understand the hurdles families face during these difficult times and are prepared to help you overcome them. Below, we explore some of the most common challenges families encounter in wrongful death claims and explain how our experienced attorneys can assist.

Disputes Over Liability

One of the most significant challenges in wrongful death cases is establishing liability. Responsible parties and their representatives often deny fault or attempt to shift blame onto others, including the deceased. This is especially common in cases involving:

• Motor vehicle accidents where negligent drivers claim the victim was partially at fault
• Workplace accidents where employers or third parties try to avoid responsibility by blaming the victim for unsafe working conditions
• Medical malpractice cases where healthcare providers argue that the patient’s condition, not their negligence, caused the death

Establishing liability requires strong evidence, such as accident reports, expert testimony, and witness statements. Our wrongful death attorneys are skilled at conducting thorough investigations to uncover the truth.

We work diligently to identify the at-fault party and hold them accountable for their actions.

Insurance Company Tactics

Insurance companies play a central role in most wrongful death claims, and their primary goal is to minimize payouts. Families often face several frustrating tactics employed by insurers, including:

• Delaying claims: Insurers may drag out the process in hopes that families will accept a lower settlement out of desperation.
• Disputing evidence: Insurance adjusters may argue that the evidence presented is insufficient or irrelevant to the case.
• Undervaluing claims: Insurers often attempt to settle claims for significantly less than their true value, especially if families are unfamiliar with the full extent of damages they can claim.

Our attorneys are well-versed in dealing with insurance companies and their tactics. We handle all communication and negotiations on your behalf, ensuring no unfair practices diminish your compensation award. If necessary, we’re fully prepared to take your case to trial to secure justice.

Multiple Parties Involved

Wrongful death cases often involve multiple parties, which can complicate the process of determining liability and securing compensation. For example:

• In truck accidents, liability may rest with the truck driver, the trucking company, and even the manufacturer of faulty equipment.
• In construction accidents, third parties such as subcontractors, equipment manufacturers, or property owners may share responsibility.
• In medical malpractice cases, multiple healthcare providers or facilities may be implicated.

Our attorneys are experienced in handling multi-party cases. We carefully investigate the circumstances of your loved one’s passing to identify all liable parties and ensure each is held accountable.

Emotional and Psychological Toll

Pursuing a wrongful death claim can be emotionally draining for families already coping with grief. Reliving the circumstances of your loved one’s death and dealing with legal hurdles can exacerbate the pain. Families often need compassionate guidance to navigate this process without becoming overwhelmed.

At Levine And Wiss, we prioritize your emotional well-being. Our attorneys offer dedicated support and take the burden of legal matters off your shoulders. 

Let Our Compassionate Wrongful Death Attorneys in New York City Help Your Family

From the initial consultation to the resolution of your case, Levine And Wiss is here for you. We promise to communicate clearly, guide you with compassion and professional knowledge, and advocate for your interests every step of the way.

We’re here to help our clients 24/7. To find out more about how we can help you through the legal process, call us today for a free initial consultation.