Wrongful Death Lawyer NYC

New York wrongful death law is unusually narrow, and families are often shocked by it. The claim belongs to the deceased person's estate, must be brought by a court-appointed personal representative, and is limited primarily to pecuniary loss — the financial support, services and parental guidance the family lost. New York does not currently allow recovery for the family's grief in a wrongful death claim, which is why the accompanying survival action for the deceased's own pre-death pain and suffering matters so much.

• Lost financial support and benefits over the working life expectancy.
• Loss of household services and, for children, parental nurture and guidance.
• Medical expenses from the final injury and funeral and burial costs.
• The deceased's conscious pain and suffering before death, through a survival action.
• Interest from the date of death on the wrongful death portion.

1. Petition Surrogate's Court for letters appointing a personal representative — nothing can be filed without this.
2. Preserve evidence: the vehicle, the equipment, the site, and any footage.
3. Request the police or OSHA investigation file and the autopsy report.
4. Serve a notice of claim within 90 days if a city entity, bus or public hospital is involved.
5. Do not speak to the defendant's insurer or sign releases before taking advice.

Fatal vehicle and truck crashes, pedestrian deaths, construction falls under Labor Law 240, medical negligence, nursing home neglect, fires and negligent security.

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