Did your loved one recently die in a tragic accident due to someone else’s acts in New York City, NY? An experienced NYC wrongful death lawyer can help you seek full compensation for lost financial support, medical expenses, and more. Our team at Levine & Slavit, PLLC has the skills to help your family maximize your financial award.
For decades, grieving families in New York have trusted our team to fight for their future. We’ve recovered tens of millions of dollars to date and bring over 115 years of collective legal experience to the table.
We’re ready to help you take on the insurance companies and fight for the full compensation you deserve. Contact our law office in New York or call (212) 687 2777 to learn more about how our team can help today. Your initial consultation is always completely free of charge.
How Can Levine & Slavit, PLLC Help With My Family’s Wrongful Death Claim in New York City, New York
You’re already grieving a tragic and unimaginable loss in New York City, New York. You shouldn’t have to deal with the insurance company’s games on top of everything else. Recovering financial compensation is often the only way for grieving families to get justice. An experienced New York City personal injury attorney can handle all of the insurance and legal issues.
When you hire our family-owned law firm, you can trust that we’ll be by your side at every turn. We understand how critical recovering fair compensation can be to your future.
When you choose to work with Levine & Slavit, PLLC, you gain a trusted team who will:
- Conduct their own investigation into the circumstances of your loved one’s death
- Identify all sources of compensation
- Determine the value of your wrongful death claim
- Defend against painful allegations that your loved one caused their own death
- Negotiate with the insurance companies on your behalf
With a skilled attorney by your side, you’re much more likely to get the fair compensation you deserve. Contact us today to schedule a free consultation.
Overview of New York Wrongful Death Laws
Wrongful death cases are very similar to personal injury cases. Of course, the key difference is the victim was sadly unable to survive. The right to seek compensation doesn’t simply disappear.
New York wrongful death laws give survivors the right to take legal action. You may have a valid wrongful death case if your loved one died due to another party’s “wrongful act, neglect, or default.”
Wrongful death lawsuits are civil matters. Even when the underlying circumstances warrant criminal charges, the sole remedy in wrongful death cases is financial compensation. Most wrongful death cases involve accidents.
Do I Have the Right to File a Wrongful Death Lawsuit in New York?
Many different scenarios can give rise to a wrongful death case. The key is determining whether someone else caused your loved one’s death. That being said, in New York, the victim’s personal representative technically files the lawsuit.
The compensation recovered is then distributed to the victim’s:
- Surviving spouse
- Children
- Parents
When no listed family member is alive, the victim’s will controls who receives the compensation. New York intestate laws apply if the victim didn’t leave a will.
How Common Are Fatal Accidents in New York?
Thousands of fatal accidents occur across the state of New York each year.
In 2024, 111 people lost their lives in fatal truck accidents across the state of New York. In 2023, 1,111 people died in car accidents statewide. 308 pedestrians and 51 bicyclists were also killed that year.
How Much Money Is My New York Wrongful Death Case Worth?
Many different factors can impact the value of a wrongful death claim.
Some of the most important considerations include:
- Your loved one’s age and life expectancy
- The circumstances surrounding your loved one’s death
- How your loved one contributed to the family in terms of financial support and services
- The expenses your family has incurred due to the injury and death
- Your loved one’s expected future earning capacity, based on prior earnings, education, and work history
- The identity and ages of surviving family members
No two cases are exactly the same. Depending on the facts, a large portion of your compensation award may be based on expected future financial losses. Expert witness testimony can be crucial to proving how much your family deserves.
Our lawyers in New York have relationships with experts who can help. All you have to do is call us today to gain access to the resources that can maximize your case value.
What Types of Damages Are Available in a Successful New York Wrongful Death Case?
In New York, damages for wrongful death are primarily limited to economic damages.
Examples of the types of compensation your family will be able to recover include:
- Your loved one’s medical expenses
- Loss of your loved one’s financial support
- Loss of the value of household services your loved one provided
- Funeral expenses and burial costs
- Nursing expenses
- Loss of your family’s inheritance
- Interest on the value of these damages (starting from the date of death)
Unlike in other states, New York typically doesn’t allow survivors to recover compensation for their own grief and suffering. However, it may be possible to recover compensation for the pain and suffering your loved one experienced prior to their death.
Punitive damages may also be available. To recover punitive damages, however, it’s necessary to produce evidence proving that the defendant’s acts were intentional or especially shocking.
How Much Does It Cost to Hire a Wrongful Death Lawyer in New York?
Most personal injury law firms in New York work on a contingency fee basis. Wrongful death lawyers are no different. Your attorneys’ fees depend entirely on the compensation we recover for you. You’ll never pay a dime until your case is resolved.
Can My Family Still Recover Damages If My Loved One is Being Blamed for Causing Their Own Death in New York?
Insurance companies often blame victims for their own injuries. When those injuries are fatal, the stakes are even higher. That gives the other side even stronger motivation to try pinning the blame on your loved one.
Your family won’t lose your right to damages entirely, even if they can prove your loved one shared some fault.
New York has a pure comparative fault law. Assuming there’s any real evidence that the victim shared some fault, liability is divided between all parties involved. Your compensation will be reduced by the portion of fault allocated to your loved one.
Our Wrongful Death Lawyers in New York Handle All Types of Cases
Our experienced team at Levine & Slavit, PLLC has the skills to handle any type of wrongful death case, including those involving:
- Car accidents
- Slip and fall accidents
- Construction accidents
- Workplace accidents
- Dangerous property conditions
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Drunk driving accidents
- Bus accidents
- Uber or Lyft accidents
- Medical malpractice
- Sports accidents
- Boating accidents
- Dog bites
- Defective products
- Nursing home abuse and neglect
- Intentional torts involving manslaughter or homicide
Do you have questions about your legal rights after a fatal accident? Our New York wrongful death attorneys are here to offer answers. We know you’re going through a difficult time, but the sooner you seek legal advice, the better your chances of recovering compensation.
How Do I Prove I Deserve Compensation After a Deadly Accident in New York?
To prove a wrongful death case, you must generally prove:
- Your loved one died.
- The defendant’s wrongful act or negligence caused their death.
- Your loved one could have filed a personal injury claim had they survived.
- You suffered specific damages because of your loved one’s death.
The same legal theories apply to personal injury and wrongful death cases. Most of the time, you must prove that the other party’s negligence caused the death.
Negligence requires proof that:
- A legal duty of care existed.
- The defendant breached that duty of care.
- The breach directly caused your loved one’s fatal injuries.
- Your family suffered damages.
Wrongful death cases can also be based on strict liability theories in cases involving product liability or dog bite injuries. If the defendant’s acts were intentional, we can fight to hold them financially responsible for the intentional tort.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in New York?
There is a two-year deadline for filing a wrongful death lawsuit in New York. This statute of limitations starts to run on the date of your loved one’s death. You’ll be barred from seeking compensation if you wait longer than two years to take legal action.
Contact an Experienced New York Wrongful Death Lawyer for a Free Case Review Today
After the loss of a loved one, it can be hard to know where to turn for help. An experienced NYC wrongful death lawyer at Levine & Slavit, PLLC can help with every aspect of your case. Contact us today to learn more about how we can help your family get the compensation you need to move forward.