A New York Wrongful Death Lawyer for Fatal Accident Claims

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Clear Legal Guidance During a Difficult Time

Losing a loved one unexpectedly is overwhelming. You may be unsure whether you have a legal claim, who can file it, or what steps to take next. At Simon & Gilman LLP, we help families in New York understand wrongful death claims in New York and handle the legal process so you can focus on your family.

What Qualifies as Wrongful Death in New York?

A wrongful death claim arises when a person dies due to another party’s negligence or wrongful act.

Common situations include:


  • Fatal car accidents on roadways
  • Construction or workplace fatalities
  • Dangerous property conditions


Negligent or unsafe actions by another party

These cases are governed by New York law and must meet specific legal requirements to proceed.

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Who Can File a Wrongful Death Claim in New York?

In New York, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This individual acts on behalf of surviving family members.


While the representative files the claim, damages may benefit:


  • Spouses
  • Children
  • Other eligible family members under New York law


Understanding this structure is an important first step in determining whether you have a valid claim.


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What Compensation May Be Available

Wrongful death claims in New York focus on financial and measurable losses.

Damages may include:


  • Loss of financial support
  • Funeral and burial expenses
  • Medical expenses related to the final injury
  • Loss of services and support provided by the deceased


Each case is different, and the value depends on the specific circumstances and available evidence.

How Long Do You Have to File?

New York generally provides a two-year statute of limitations for wrongful death claims, starting from the date of death. Certain situations may involve different timelines, so confirming your deadline early is important.



Acting within the required timeframe helps protect your right to bring a claim.

Situations Where Experience Matters

Fatal Car Accidents

Busy New York roads and intersections can lead to severe, life-altering crashes. These cases often involve multiple parties and insurance carriers.

Construction and Workplace Fatalities

Construction sites and work environments may involve complex liability, including third-party responsibility.

Premises Liability Incidents

Unsafe property conditions can result in fatal injuries when hazards are not addressed properly.

What to Expect From the Legal Process

Handling a wrongful death claim involves several steps:

  1. Initial Consultation – Review the circumstances and determine eligibility
  2. Investigation – Gather evidence, reports, and documentation
  3. Claim Development – Establish liability and damages
  4. Resolution or Litigation – Negotiate or proceed through court if necessary

Our role is to manage this process clearly and carefully on your behalf.

Common Questions About Wrongful Death Cases

  • What qualifies as wrongful death in New York?

    A death caused by negligence or wrongful conduct may qualify, depending on the facts.

  • Do I need a lawyer for a wrongful death case?

    While not required, legal guidance can help ensure the claim is handled properly and deadlines are met.

  • How much is a wrongful death case worth?

    Value depends on financial losses, support provided by the deceased, and case-specific factors.

  • How long do I have to file a wrongful death lawsuit in NY?

    Generally two years from the date of death, though exceptions may apply.

Why Families in New York Choose Our Firm

Serving New York Since 1978

Decades of experience handling injury-related cases across New York.

No Fee Unless We Win

You can start your case without upfront costs.

Clear, Respectful Communication

We provide straightforward guidance during a difficult time.

Available When You Need Help

Our team is accessible 7 days a week to respond to your questions.

Take the First Step When You’re Ready

If you’re searching for a New York wrongful death lawyer or need guidance after a fatal accident, Simon & Gilman LLP is here to help. We provide clear answers, handle the legal process, and help you understand your options during a difficult time.