Wrongful Death Attorneys
Compassionate legal representation for families who have lost loved ones due to negligence. Over 40 years fighting for justice and accountability.
Understanding Wrongful Death Claims
When negligence or misconduct causes a preventable death, families have legal rights
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when someone dies due to another party's negligence, recklessness, or intentional misconduct. Under New York law (EPTL § 5-4.1), the estate of the deceased person can seek compensation for the losses caused by the death. These claims provide families a path to justice and financial recovery after preventable loss.
Elements of a Wrongful Death Case:
- Death of a human being
- Caused by another's negligence or intent to harm
- Surviving family members suffer monetary damages
- Appointment of a personal representative for the estate
Who Can File a Wrongful Death Claim?
In New York, only the personal representative of the deceased's estate can file a wrongful death lawsuit. However, the compensation benefits multiple family members.
Personal Representative
Executor or administrator of the estate files on behalf of beneficiaries
Spouse
Surviving husband or wife entitled to compensation
Children
Biological and legally adopted children have rights
Parents
Can recover when minor or adult child dies
Extended Family
May have claims if they were financially dependent
Why Choose Licatesi Law Group for Wrongful Death Cases?
Compassionate advocacy combined with aggressive legal representation
40+ Years Experience
Decades of successfully representing grieving families throughout New York
Compassionate Support
Understanding and empathy during your most difficult time
No Fee Unless We Win
Contingency fee basis—focus on healing, not legal bills
Proven Results
$100M+ recovered for clients across all practice areas
Lost a Loved One? We're Here to Help
No amount of money can replace a loved one, but holding negligent parties accountable provides justice and financial security for your family.
Our Case Results
Proven success recovering compensation for families who lost loved ones
Million Dollar Verdict — Long Island Auto Accident
Plaintiff was involved in an auto accident in Long Island sustaining an exacerbation of prior neck and back injuries resulting in spinal surgery and physical therapy. Following careful deliberation, a Suffolk County jury awarded plaintiff a verdict for pain and suffering in the amount of $1,021,235 after a minimal $50,000 pre-trial offer.
$800,000 Settlement — Auto Accident with Severe Injuries
A hardworking individual's life changed dramatically after an accident at an intersection, leading to severe injuries that required spine surgery. Beyond the physical pain, the accident brought significant emotional and financial hardship.
$650,000 Verdict — Auto Accident with Injuries
The Licatesi Law Group obtained a $650,000 verdict for a 55 year-old woman who underwent discectomy after being rear-ended at a red light. The Defendant argued the accident was of minimal impact, and that the plaintiff had pre-existing conditions due to a previous spinal surgery. The last offer prior to trial was $12,500.
$899,940.10 Settlement
69 year old female with underlying osteoporosis and preexisting spinal degeneration awarded as a result of a motor vehicle accident causing an acute T12 fracture of her spine.
$800,000 Award at Arbitration Hearing
66 year old female passenger in a motor vehicle sustained a right distal tibial pilon fracture and a right lateral malleolus fracture both requiring open reduction internal fixation as well as a left knee medial meniscus tear with a left knee subchondral fracture requiring arthroscopic assisted open reduction internal fixation.
$1.6 Million Verdict — Plaintiff awarded after three-car collision suffering a spine injury
The injured plaintiff was struck from behind on the Hutchinson State Parkway sustaining injuries to the neck, back, and left shoulder. The plaintiff underwent a lumbar fusion and left shoulder surgery. After trial, plaintiff was awarded $1,605,413.39.
$875,000 Settlement
51 year old male was rear ended sustaining neck and back injuries and successfully resolved his case within eighteen months.
$950,000 Settlement at Mediation
63-year-old rear ended on the cross island parkway resulting in an anterior cervical discectomy and permanently disabling her from work
Past results do not guarantee future outcomes. Each case is unique and evaluated on its own merits.
Common Causes of Wrongful Death
Tragic deaths from preventable accidents and negligence
Workplace Accidents
Construction accidents, industrial accidents, unsafe working conditions
Learn More →Criminal Acts
Assaults, murders due to inadequate security or supervision
Drowning
Pool accidents, lack of supervision, unsafe water conditions
Seeking Justice for Your Loss?
Contact our compassionate wrongful death attorneys for a free, confidential consultation. We'll fight for the accountability and compensation your family deserves.
New York Wrongful Death Law
Statute of Limitations
In New York, you generally have 2 years from the date of death to file a wrongful death lawsuit.
Important Exceptions:
- Government entities require 90-day Notice of Claim
- Medical malpractice cases may have different timing rules
- Missing these deadlines can bar your claim forever
Proving a Wrongful Death Case
Establish Duty of Care
Prove defendant owed a duty to the deceased
Show Breach of Duty
Demonstrate defendant violated that duty through negligence or misconduct
Prove Causation
Connect the breach directly to the death
Document Damages
Establish financial and emotional losses to family
Act Quickly
Evidence can be lost, witnesses' memories fade, and legal deadlines approach. Contact an attorney immediately to preserve your rights and strengthen your case.
Wrongful Death Compensation
Families may recover various types of damages for their loss
Economic Damages
- Medical expenses before death
- Funeral and burial costs
- Lost income and future earnings
- Loss of benefits (pension, health insurance)
- Value of household services
- Lost inheritance
Non-Economic Damages
- Loss of companionship and consortium
- Loss of parental guidance and nurturing
- Mental anguish and emotional suffering
- Loss of love, affection, and care
- Loss of protection and support
- Grief and bereavement
Special Considerations
Punitive Damages
In cases of extreme recklessness or intentional harm, punitive damages may be awarded to punish the defendant and deter similar conduct.
Distribution of Settlement
New York law dictates how wrongful death proceeds are distributed among surviving family members, typically based on intestacy laws.
Wrongful Death Lawyers Serving New York
We represent wrongful death families throughout the greater New York area
Frequently Asked Questions About Wrongful Death
Expert answers to common questions about wrongful death claims in New York
Get the Justice Your Family Deserves
No amount of money can replace a loved one, but holding negligent parties accountable provides justice and financial security for your family. Contact our compassionate wrongful death attorneys for a free, confidential consultation. We work on contingency—no fee unless we win your case.
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