The unexpected death of a loved one is traumatic and devastating. But when their life was taken because someone acted negligently or recklessly, the pain is compounded by a deep sense of injustice. You may be left grappling with grief, confusion, and questions about how such a tragedy could have happened—and how you’re supposed to carry on.
If your loved one died in an accident caused by someone else’s carelessness or wrongdoing, contact the dedicated New York wrongful death attorneys at The Perecman Firm. You shouldn’t have to bear the added stress of a legal dispute at a time like this, nor should you have to shoulder the financial burdens that follow a fatal accident.
Our job is to protect your family’s future by holding the responsible party accountable and by seeking the maximum compensation allowed under New York law. We know that no amount of money can fill the void left by your loved one’s passing, but we believe that fair compensation can give you more of the time, energy, and resources you need to process your grief and start putting the pieces of your life back together.
Why Do New Yorkers Trust The Perecman Firm?
During one of the darkest chapters in your life, the legal team you choose can make all the difference. At The Perecman Firm, we handle wrongful death cases with both precision and compassion. Here’s what sets us apart.
We secure life-changing results
Wrongful death cases often involve enormous stakes. You’re not just seeking money. You’re demanding justice. We’ve recovered multi-million-dollar verdicts and settlements in cases involving fatal
construction accidents, deadly motor vehicle crashes, and more. Our record speaks for itself: nearly $1 billion recovered for our clients to date.
We give your case our full attention
Unlike high-volume firms where clients are often overlooked, we make every case personal. We know your story, your losses, and your goals. You are never treated like just another file. Our attorneys dig deep, building strong, trial-ready cases that can hold up in court, even against powerful defendants.
We’re seasoned trial lawyers
Many attorneys settle early because they’re not prepared for court. We’re different. Insurance companies know that when The Perecman Firm is on the case, we’re not bluffing. We prepare every wrongful death claim as if it will go to trial, and we’re ready to take it all the way if that’s what it takes.
We treat you like family
Our clients trust us because we care. We communicate openly, answer your questions with patience, and offer support during an emotionally raw time. Whether you lost a spouse, parent, or child, we stand by you like a loyal advocate and fierce protector. Your fight becomes ours.
Key Takeaways
After suffering a tragic loss, you’re likely trying to make sense of your legal rights and options. These are the most important things to know about wrongful death claims in New York City:
- A wrongful death lawsuit allows surviving family members to recover compensation after a fatal accident caused by someone else's negligence.
- Common causes of wrongful deaths in NYC include construction site accidents, car and truck crashes, falls, and workplace incidents.
- Only certain family members or others can file a wrongful death claim in New York.
- Damages may include funeral and burial costs, medical bills, lost financial support, and the economic value of the decedent’s life.
- The statute of limitations in New York is generally two years from the date of death. Missing this deadline can permanently bar your right to sue.
- Insurance companies and negligent parties often fight hard to deny responsibility or reduce payouts.
- Our wrongful death lawyers in NYC have the skill, dedication, and resources to help you recover maximum compensation and hold the responsible party accountable.
How Can a Wrongful Death Claim Help You?
Wrongful death lawsuits exist to give families a path to justice after preventable loss. In a city like New York, where life moves fast and accountability can be elusive, these claims help hold negligent parties responsible. Whether your loved one was struck near Times Square or died in a workplace accident in Long Island City, our legal system provides a route to financial recovery.
New York law allows both wrongful death claims and survival actions. Together, these civil claims serve
different but equally important purposes.
A wrongful death claim—governed by statutes such as Estates, Powers & Trusts Law (EPTL) § 5-4.1—is brought by the victim’s personal representative to recover the financial losses suffered by surviving family members. These include funeral costs, loss of income, and the value of household services the deceased would have provided.
A survival action, on the other hand, focuses on what the deceased experienced between the time of their injury and their death. It allows the estate to recover damages such as medical bills, lost wages, and the pain and suffering the person endured before passing away. Survival actions are permitted under EPTL § 11-3.2(b) and are typically brought alongside a wrongful death claim when the deceased survived the accident but later succumbed to their injuries.
Both claims are civil, not criminal. That means the goal is financial accountability, not incarceration. In some cases, criminal proceedings may happen in parallel, but a civil case is often the only way for a family to secure meaningful compensation.
While no amount of money can bring a loved one back, these claims serve a deeper purpose. They recognize the value of the life lost and send a message that negligence has real consequences.
Common Causes of Wrongful Death in New York City
Construction accidents
Fatal construction accidents are unfortunately common in New York City, particularly in areas like Midtown Manhattan and downtown Brooklyn, where development is constant. Workers can suffer deadly falls from scaffolds, ladders, or rooftops, or be struck by falling materials and equipment. Faulty safety gear, poor site management, and Labor Law violations are frequent causes.
Automobile crashes
Fatal car accidents can occur on roads from the FDR Drive to the Cross Bronx Expressway. Speeding, distracted driving, and impaired drivers are often to blame. Victims might be other drivers, passengers, or even pedestrians hit by a car in traffic-heavy zones like Queens Boulevard or Flatbush Avenue.
Truck accidents
Large commercial trucks moving through the city, especially in industrial corridors and warehouse zones, can cause catastrophic crashes. These fatal incidents often involve blind spots, wide turns, or brake failures, and can result in wrongful death when proper safety protocols are ignored.
Pedestrian accidents
New York City is a walking city. Crosswalks, sidewalks, and intersections become fatal sites when drivers fail to yield or run red lights. Fatal pedestrian accidents often happen in high-foot-traffic areas like Times Square, Union Square, and around Penn Station.
Bicycle accidents
Despite bike lanes and traffic signals, cyclists remain vulnerable. Fatal bike accidents are tragically common in areas like Williamsburg, Harlem, and the Lower East Side. Doorings, aggressive drivers, and unsafe infrastructure all contribute.
Motorcycle accidents
Motorcyclists face unique risks due to minimal protection. A fatal crash on the BQE or West Side Highway can occur in seconds if another driver makes an unsafe lane change or fails to spot the rider. These deaths are often the result of careless or aggressive driving.
Workplace incidents
Construction accidents are a leading cause of workplace death, but they’re not the only danger workers face. Beyond construction, other hazardous environments—like warehouses and industrial sites—can also lead to wrongful death. Accidents involving machinery failures or employer negligence in following OSHA regulations are common contributing factors. These claims require a deep understanding of labor protections and employer responsibilities.
Proving Negligence in a New York City Wrongful Death Case
When you work with our team, we take on the burden of proving your wrongful death claim. That means conducting investigations, preserving evidence, consulting experts, and making sure every element of the case is airtight. Here’s what our personal injury lawyers establish to lay the foundation for your case:
Duty of care: This means the defendant had a legal responsibility to act with caution or follow the law. For example, a driver has a duty to obey traffic laws and avoid endangering others on the road.
Breach of duty: We must show that the defendant failed in that responsibility, whether by speeding, ignoring safety procedures, or taking reckless actions.
Causation: We demonstrate that the breach directly caused your loved one’s death. This often requires expert testimony, accident reconstruction, or medical analysis.
Damages: We clearly outline the economic and personal losses resulting from the death, such as funeral costs, lost income, and the value of services the deceased would have provided.
Our job is to build the strongest possible case so your family doesn’t have to worry about anything except healing.
Who Can File a Wrongful Death Lawsuit in New York?
Not everyone has the legal right to bring a wrongful death claim. A common question is whether an estate can sue for wrongful death. In New York, the answer is yes—but only through the personal representative of the deceased person’s estate. This representative is typically named in the decedent’s will or, if no will exists, appointed by the court.
While the personal representative files the lawsuit, the damages recovered typically go to surviving family members, including:
- A surviving spouse
- Children of the deceased
- Parents (especially if a child passed away)
- Siblings or other dependents, in rare cases
Because these laws can be strict and complicated, it's vital to speak with a qualified New York wrongful death attorney who can guide you through the process and help ensure your case goes through all the necessary steps.
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What Damages Are Available in a Wrongful Death Case?
A successful wrongful death lawsuit can provide critical financial relief to surviving family members. While no amount of money can undo your loss, we believe the right compensation may help you move forward and maintain stability.
New York allows families to recover a wide range of damages. Depending on your specific circumstances, you may be able to recover the following damages:
- Funeral and burial costs, including transportation and service expenses
- Medical bills for treatment the deceased received before death
- Lost financial support, such as the deceased’s wages and benefits
- Loss of services, including child care, household work, and caregiving
- Lost inheritance the survivors would have received
- Pain and suffering endured by the deceased before their passing
One unique aspect of New York law is that it focuses primarily on economic loss suffered by surviving family members. This includes the “pecuniary” or monetary value of the deceased’s life, measured by
earnings, life expectancy, and the value of their contributions to the family.
While emotional distress is not usually recoverable, there are limited exceptions. If a family member witnessed the fatal incident, they may be able to pursue a separate claim for their psychological trauma. These claims are rare and must meet strict legal criteria. A qualified wrongful death attorney can evaluate whether this applies to your specific case.
What Is the Deadline to File a Wrongful Death Lawsuit in New York?
In most cases, you have two years from the date of death to file a wrongful death claim in New York. This is known as the statute of limitations, and it applies regardless of how long it takes to uncover all the facts.
Certain factors may affect this deadline:
- If the at-fault party is a government agency, you may need to file a notice of claim within 90 days.
- If the responsible party is unknown or there is an ongoing criminal investigation, the time frame might be extended.
- If a child is the personal representative, they may need a court-appointed guardian before they can file.
Because these deadlines are strictly enforced, delaying legal action could permanently prevent you from recovering compensation. It’s best to speak with a qualified wrongful death lawyer as soon as possible to safeguard your claim.
FAQs About Wrongful Death Claims in NYC
What if my loved one was partly at fault for the accident?
New York follows a rule called comparative negligence. Even if your loved one was partially responsible, you can still recover compensation. However, the amount may be reduced by their percentage of fault. For example, if the decedent was 25% at fault, your total compensation would be reduced by that same percentage.
How much does a wrongful death attorney cost?
At The Perecman Firm, we work on a contingency fee basis. This means you pay nothing upfront, and no legal fees at all unless we recover money for you. We believe families should have access to justice regardless of their financial situation.
Can I file a wrongful death claim if I’m not a spouse or child?
Possibly. While the law prioritizes immediate family members, others—such as legal guardians, financial dependents, or siblings—may have a valid claim in certain cases. If you’re unsure of your standing, we can help you determine whether you qualify.
What if the person who caused the death wasn’t charged criminally?
You can still file a wrongful death lawsuit. These are civil claims, separate from any criminal prosecution. The standard of proof is lower, and you may be able to recover damages even if no criminal charges are filed.
What happens if multiple family members want to file a claim?
Only the personal representative of the estate can file the claim, but the compensation awarded may be distributed among multiple eligible family members. Courts will consider factors like financial dependence and relationship to the deceased.
Contact a New York City Wrongful Death Attorney Today
Losing someone you love in a sudden, preventable accident is among the hardest things you will ever have to endure. The emotional pain is real. So is the financial uncertainty. At The Perecman Firm, we help families like yours get answers, seek justice, and secure compensation when someone else’s negligence changes everything—including by filing a personal injury lawsuit on your behalf when appropriate.
We handle every case with care, urgency, and relentless focus. From investigating the cause of your loved one’s death to negotiating with insurance companies—or fighting them in court—we do what it takes to make things right.
You deserve a law firm that treats your family like its own. Call The Perecman Firm today at (212) 977-7033 or contact us online to schedule your free consultation. We’re here for you, and we’re ready to fight for everything your family needs during this difficult time and for years to come.