Wrongful Death Lawyer in New York City

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. You can get the help you need from a New York City wrongful death lawyer on our team at Levine And Wiss.

We 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. You can learn more about how our New York City personal injury lawyers can help by contacting us for a free initial consultation.

How a Wrongful Death Lawyer in New York City Can Help Your Family

Our wrongful death lawyers will work closely with the decedent’s 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’ll be by your side every step of the way.

Determine if Your Family Can File a Claim

We need to assess the facts around the fatal accident to determine if the incident meets New York’s definition of a wrongful death under N.Y. EPTL § 5-4.1(1).

This law says a wrongful death occurred if someone passes away because of neglect, default, or a wrongful act and they could have filed a personal injury lawsuit if they survived.

Provide Personalized Legal Support

At Levine And Wiss, our team provides compassionate, tailored legal representation to meet your family’s unique needs.

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

Identify the Liable Party

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

Filing Your Wrongful Death Claim or Lawsuit

We’ll take steps to resolve a wrongful death claim for your family. In many cases, we can negotiate with the at-fault party’s insurance company and secure a settlement.

However, we aren’t afraid to go to trial to get you everything you need if necessary. 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 during a free consultation.

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

Under EPTL § 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 is eligible to take legal action.

Types of Cases Our 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 was involved in a fatal car collision due to negligence. Our New York City car accident lawyers will investigate, determine liability, and fight for your family’s much-deserved compensation after an auto accident on Upper Broadway, the George Washington Bridge Approach, Atlantic Avenue, or anywhere else in the city.

Truck Accidents

A New York City truck accident lawyer can help after a commercial vehicle crash. We can help you build a claim against big trucking companies.

Motorcycle Accidents

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

Bicycle Accidents

Citywide, four traditional bicyclists lost their lives in crashes in 2025, with an additional 62 deaths among riders of motorized two-wheelers such as e-bikes, mopeds, and scooters, according to NYC DOT bicycle crash data.

Our New York City bicycle accident lawyers can help you pursue justice for your loved one if your family lost someone in one of these crashes.

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. The city reported 112 pedestrian fatalities in 2025, making it clear that our roads remain dangerous.

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, such as a subcontractor or property owner, caused the fatal workplace 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.

Damages Available Through a Wrongful Death Claim

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

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

• Your loved one’s burial 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 losses include medical bills incurred before your loved one’s death, 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: 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 lawyers can provide you with more information about potential financial compensation.

Note that New York does not “cap” or limit the damages you can receive through a wrongful death case. However, it does not allow you to recover damages for your mental anguish, loss of companionship, or pain and suffering as a survivor.

Your Claim and Punitive Damages

In some cases, the legal system may award your family punitive damages (N.Y. EPTL § 5-4.3(b)). These damages punish the party responsible for the loss of your loved one, though they are rarely awarded.

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

Additionally, we’ve helped clients recover hundreds of millions in compensation and invite you to review our case results, noting that past results achieved by our firm or any of our lawyers are not indicative of future outcomes.

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 after resolving your claim because we never want to add to the stress you feel while grieving. If we don’t recover money for you, you’ll owe us nothing.

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

You generally have to file a wrongful death lawsuit within two years of the loss of your loved one under N.Y. EPTL § 5-4.1(1). However, this statute of limitations isn’t set in stone for all cases. Some common exceptions involve:

• Medical Malpractice: Your family will generally have two and a half years from the loss of a loved one to file a wrongful death lawsuit in cases involving medical malpractice. (N.Y. C.P.L.R. § 214-a).
• The Government: You have significantly less time to sue a government entity. Claims against New York State are generally governed by the Court of Claims Act, while claims against municipalities and other political subdivisions generally require a Notice of Claim within 90 days under General Municipal Law § 50-e. Deadlines are strict and vary by entity, so contact us as soon as possible.
• Criminal Charges: New York uses special laws if the person responsible for the loss of your loved one faces pending criminal charges. In this situation, you’ll have a year from the end of the criminal case to file a wrongful death lawsuit. (N.Y. EPTL § 5-4.1(2)).

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.

We Understand the Challenges of Handling Wrongful Death Cases

Our team at Levine And Wiss knows how to help with:

Insurance Companies

We understand the tactics insurance companies use to unfairly handle claims after fatal accidents, 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’ll 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, or even a cargo loading company or mechanic.
• In construction accidents, third parties, such as subcontractors or property owners, may share responsibility.
• In medical malpractice cases, multiple healthcare providers or facilities may be implicated.

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

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

From the initial consultation to resolving your case, Levine And Wiss will be 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.