WRONGFUL DEATH LAWYERS IN NEW YORK CITY
Fighting For Those Who Have Lost Loved Ones Due To Negligence in New York
Losing a loved one in a fatal accident, especially when it was caused by someone else’s negligence, is devastating. While grieving comes first, a wrongful death claim can provide financial support and accountability.
For families who relied on the person who died as a primary provider, wrongful death compensation may cover essential expenses and replace lost income. Choosing the right wrongful death attorney can protect your rights and help secure the recovery your family needs.
Contact Restivo & Murphy LLP today at (800) 997-9109 to schedule a free consultation with our New York City wrongful death attorneys.
Seeking Maximum Compensation for Your Losses
At Restivo & Murphy LLP, our lawyers represent clients in Long Island, Suffolk County, and Nassau County, as well as throughout the five boroughs of New York City.
Our attorneys can help you obtain damage award compensation for:
- Loss of income
- Loss of support and services
- Medical and funeral costs
- Pain and suffering the deceased experienced before death
- Punitive damages
Every case is different, and damages can depend on the type of claim and the defendant. Non economic damages and punitive damages are not available in many cases, but some situations allow them and can increase overall recovery, including certain premises liability claims and transit authority accidents.
We identify all available damages and sources of compensation, then document the full financial impact, including future lost earnings, benefits, and household services. We gather the records that explain what happened, including police reports, medical records, and available video or incident documentation, and we use that evidence to negotiate or file a wrongful death lawsuit in New York County when needed.
Who Can File a Wrongful Death Claim in New York?
In New York, a wrongful death claim may only be filed by the personal representative of the deceased person’s estate. A family member is not entitled to file a wrongful death claim unless he or she is also the personal representative of the decedent’s estate.
The personal representative may file a wrongful death claim to recover compensation for:
- Losses suffered by the decedent’s estate
- Losses suffered by the decedent’s heirs, beneficiaries, or devisees
Damages depend on the facts of the case. If compensation is recovered, the personal representative holds the proceeds for the beneficiaries who are legally entitled to them. Wrongful death claims can arise from many incidents, including pedestrian accidents and slip and fall events.
Only the personal representative can file the claim, which often requires opening an estate in Surrogate’s Court for the county where the decedent lived, such as New York County for Manhattan residents. We help families start the estate process, identify the appropriate representative, gather required documentation, preserve evidence, and track deadlines so the wrongful death claim can move forward without avoidable delays.
Statute of Limitations for New York Wrongful Death Claims
In all wrongful death cases in the state of New York, there is a statute of limitations that determines how long the decedent’s personal representative has to file a claim. Currently, a wrongful death claim must be filed within two years of the date of the person’s death. If more than two years have passed, a claim may no longer be filed.
These deadlines are strict. Waiting can block your claim even if the two year period has not expired. We confirm which time limits apply, preserve evidence, and prepare the required paperwork to file a wrongful death lawsuit in New York County when appropriate.
Message us or call our New York City wrongful death lawyers at (800) 997-9109.
Common Causes Of Wrongful Death Cases In New York County
Wrongful death claims may follow serious motor vehicle crashes, unsafe conditions on property, or dangerous work environments. Fatal collisions can involve cars, trucks, buses, cyclists, or pedestrians and may be caused by distracted driving, speeding, or failing to yield in crowded city streets. Other cases involve falls from heights at construction sites, unsafe scaffolding, or defective equipment at job locations throughout New York City, including projects in New York County where strict labor laws may apply.
What To Expect During A New York County Wrongful Death Lawsuit
Many wrongful death cases in New York County follow a similar path from the first meeting to resolution. Knowing the stages helps families understand what happens next and what decisions may come up.
After the initial consultation, we investigate the death by collecting law enforcement records, medical records, witness statements, and other key documentation. We then file the required paperwork to start a wrongful death lawsuit New York County. Both sides exchange information during discovery, which can include document requests and sworn testimony in depositions. We review settlement offers as they arise, and if the case does not resolve, it moves to trial for a decision by a judge or jury.
Frequently Asked Questions
How Long Does A Wrongful Death Case Usually Take?
The length of a wrongful death case can vary widely depending on the complexity of the facts, the number of parties involved, and the court’s schedule. Some matters resolve through settlement within a year, while others that proceed to trial can take several years from filing to final resolution. Families should be prepared for a process that takes time, but they should also expect regular updates and explanations from their legal team.
Will I Have To Go To Court If I Pursue A Wrongful Death Claim?
Not every wrongful death claim requires a trial. Many cases resolve through negotiated settlements after both sides have exchanged information and evaluated the strengths and weaknesses of the claims and defenses. However, if the parties cannot agree on a fair amount, a trial in the appropriate New York court may be necessary, and family members may be asked to appear as witnesses.
Can Multiple Family Members Receive Compensation From A Wrongful Death Case?
Compensation in a wrongful death case is typically distributed according to New York law and the specific facts of the case. The personal representative brings the claim on behalf of the estate, and any recovery is held for the benefit of those entitled to share in it. How the funds are ultimately divided will depend on the family relationships, any applicable statutes, and, in some situations, guidance from the court overseeing the matter.
Contact Our Wrongful Death Attorneys in New York City Today
When you contact our office, we will listen to your story, ask questions about your loved one, and explain how New York’s wrongful death laws may apply. We know these conversations can be emotional, so we move at your pace and make sure you have time to ask anything that is on your mind. Our goal in an initial consultation is to give you clear information, not pressure you to make decisions before you are ready.
We also understand that travel into Manhattan or Garden City is not always possible after a loss. Our attorneys can arrange phone or video meetings, and in appropriate situations we are able to meet families at a location that is more convenient. By offering flexible options and direct communication with a wrongful death lawyer New York County families can rely on, we work to make the legal process more manageable during a very difficult time.
Message us or call our New York City wrongful death lawyers at (800) 997-9109.
Hear It From Our clients
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“The most caring, thorough, & professional attorneys I've ever met.”
“I truly thank you from the bottom of my heart! RESTIVO AND MURPHY IS THE BEST!”- Taschia N.J. -
“If you’re looking for legal representation after an accident, don’t think twice. You’ll be in the best hands possible.”
“Despite the complexity of my case (due to pre-existing injuries), they fought tirelessly and ultimately secured the full policy limit for my settlement. They made a difficult and overwhelming process feel smooth and manageable. I always felt safe, heard, a”- Kelly J. -
“They walked me through the process & made this easy.”
“I'd highly recommend their services; in fact, I've already sent them a referral.”- Eric F. -
“Very much appreciate what they did for me & would recommend them to others.”
“Communication was always good, and they were careful to dot the I's and cross the T's so there would not be a problem.”- Lori S. -
“Your professionalism & commitment gave us strength & reassurance during a very difficult time.”
“We truly appreciate everything you’ve done, and we will always be grateful for the way you handled the case with care and integrity.”- Marian A. -
“If you’re looking for an attorney who truly cares about his clients & delivers results.”
“From our first meeting, Mr. Parise was compassionate, knowledgeable, and extremely thorough in explaining the legal process.”- Rose M. -
“I was walked through every step & never felt like I was out of the loop or not informed of everything going on.”
“Todd and Lonneke have been patient, understanding during my time of grief, and have always been attentive and available.”- Monique D. -
“Communication with me was a 5/5, updates were provided without me asking for them.”
“I would recommend Joseph Parise to anyone who needs legal assistance in the future.”- Billy P.
Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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$8,000,000 Fractured Pelvic & Urethral Injuries
We've recovered a settlement for a 32-year-old bicyclist who was struck by a bus causing pelvic fractures and urethral injuries which required surgery.
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$7,850,000 Neck, Back & Shoulder Injuries
We've recovered a settlement for a woman who slipped and fell on snow and ice injuring her neck, back, and shoulder which required multiple surgeries.
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$6,300,000 Fractured Foot & Amputation
The verdict for a 47-year-old whose left foot was run over by a bus causing numerous foot fractures and the amputation of his big toe. The offer before trial was $1,050,000.
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$4,250,000 Spinal Cord & Neck Injury
We've recovered a settlement for a passenger involved in a motor vehicle accident with a tractor-trailer where the client sustained a spinal cord injury that required a neck surgery.
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$4,025,000 Herniated Discs & Neck Surgery
Resolution at the conclusion of trial for a 43-year-old who suffered herniated discs requiring neck surgery when his vehicle was struck by a school bus. The offer before trial was $75,000.
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$3,700,000 Spinal Injuries
We've recovered a settlement after a verdict in a liability trial for a 33-year-old construction worker who suffered spinal injuries in a work-related accident. The offer before the liability trial was $500,000.
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$3,436,000 Neck Injuries
A verdict for a 46-year-old man whose neck was injured by a falling traffic sign struck by a motor vehicle. The offer before trial was $325,000.
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$2,850,000 Brachial Plexus Injury
We've recovered a settlement in a motor vehicle accident case where the client sustained a brachial plexus injury with surgeries.
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$2,500,000 Serious Injuries
We've recovered a settlement after a verdict on liability in a motor vehicle accident case involving two clients who were passengers in an ambulette.
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$2,000,000 Neck Injuries
We've recovered a settlement for a 46-year-old woman whose prior neck condition was aggravated by a motor vehicle accident.
