Wrongful Death Lawyers Near Me

Look for a lawyer who handles New York wrongful death claims and can explain the two courts involved: the Surrogate's Court that issues letters, usually in the county where the person lived, and the court where the lawsuit can be brought, which depends on the parties, where the events happened and who is sued. Claims against the State go to the Court of Claims. Our offices are in Uniondale, Brooklyn, Corona (Queens) and Teaneck, New Jersey. Call (516) 227-2662 for a free consultation.

Only the personal representative, an executor or administrator appointed by a court, can bring the claim (EPTL 5-4.1). It is brought for the distributees, such as a spouse, children or parents. Letters usually come from the Surrogate's Court, and some public-body notice periods start on the day of appointment, so it helps to decide early who will seek appointment.

Fair and just compensation for the pecuniary injuries the death caused the distributees, such as lost support, services and care, plus reasonable medical and funeral expenses and interest from the date of death; punitive damages only where the person could have recovered them (EPTL 5-4.3). Grief and loss of companionship are generally not compensable. A survival claim can add the person's own pre-death pain, medical bills and lost earnings. Our hub page compares the two claims.

Generally two years after the death, or at least one year after a criminal action against the same defendant for the same event ends (EPTL 5-4.1). If a local government may be legally responsible: notice of claim within 90 days after the representative is appointed; suit within two years. The State: within 90 days after appointment, file and serve the claim or serve a notice of intention on the Attorney General; the claim must be filed and served within two years after the death. Authorities and survival claims differ.

Any death caused by someone's wrongful act or negligence can support a claim if that party would have been liable to the person had they lived. Claims can arise from traffic crashes, falls and falling objects at work sites, medical and nursing-home care, unsafe property and defective products. A claim against the person's own employer is generally barred when workers' compensation applies; a claim against another company on the job may be possible if it was legally responsible and no exclusivity rule or other defense applies.

Some do; many are resolved by settlement. Either way, the case is prepared on the evidence: records, video, witnesses and proof of the family's financial loss. A settlement still needs the court or the Surrogate to decide how it is divided among the distributees. No outcome can be promised, and prior results do not guarantee a similar result.

Our main office is at 423 RXR Plaza, Uniondale, for Nassau and Suffolk. We also have offices on Kings Highway in Brooklyn, on Northern Boulevard in Corona, Queens, and in Teaneck, New Jersey. We handle New York wrongful death claims for families across New York City and Long Island. The court depends on the parties, where the events happened and who is sued, not on which office you visit; the table on this page is a directory of county courts.

We work on a contingency basis: no fee unless there is a recovery, and the consultation is free. Ask any lawyer for the fee terms in writing, including how case expenses are handled. In a wrongful death case the court that divides the recovery can also fix the reasonable expenses of the action and deduct them before distribution (EPTL 5-4.4).