How a Wrongful Death Attorney in New York Can Help Your Family

Losing a loved one is always devastating. However, when someone else’s negligence causes the loss, such as that of a reckless driver, a careless doctor, or a defective product, it becomes more than just a personal tragedy. It also becomes a legal matter. In New York, families who experience wrongful death have the right to seek justice, accountability, and compensation through a civil lawsuit.

If you’re grieving the sudden loss of a family member in New York City and suspect someone else’s actions or decisions contributed to it, a wrongful death claim may be one way to protect your future and honor your loved one’s life.

When a Death Is Legally “Wrongful” in New York

A death is considered “wrongful” under New York law when it’s caused by another party’s negligence, recklessness, or intentional harm. This means the death could and should have been prevented if reasonable care had been taken. Many incidents that form the basis of personal injury lawsuits can also qualify as wrongful death cases when they result in a fatality.

Common examples include:

• Motor vehicle accidents involving drunk driving, distracted driving, or speeding
• Medical malpractice, such as surgical errors, misdiagnoses, or medication overdoses
• Defective products, from faulty car parts to dangerous pharmaceuticals
• Unsafe work conditions, especially on NYC construction sites
• Negligent care in hospitals or nursing homes, including failure to monitor or respond
• Criminal acts, such as assaults or shootings, when civil damages are also appropriate

Whether the cause was a tragic accident or a preventable system failure, New York law allows surviving family members to file a lawsuit and demand accountability.

Who May Be Held Liable

Responsibility for a wrongful death can fall on individuals, corporations, or institutions, depending on the facts. Liability must be proven through a detailed investigation and supported with strong evidence.

Some parties commonly found at fault in NYC wrongful death cases include:

• Negligent drivers, including commercial and rideshare operators
• Hospitals or nursing homes that fail to screen or train staff properly
• Doctors or specialists who fail to meet the expected standard of care
• Trucking companies that overwork drivers or cut corners on safety
• Product manufacturers who release defective vehicles, devices, or drugs
• Government agencies or contractors, when public transportation or infrastructure is involved

New York’s legal system allows for multiple defendants in a single case if more than one party contributed to the fatal outcome.

Damages That May Be Recovered

No amount of money can undo the loss of a loved one. But financial compensation can help ease the burdens that come with an untimely death: medical bills, funeral costs, lost income, and the emotional impact on surviving family members.

In New York wrongful death claims, recoverable damages may include:

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Lost wages and benefits, including future earning potential
• Loss of support, care, and guidance
• Loss of inheritance
• Pain and suffering (in certain cases)
• Emotional distress for close family members
• Punitive damages, if the conduct was particularly reckless or malicious

The amount of compensation depends on several factors, including the deceased person’s age, income, health, and the nature of their relationship with the surviving family members.

Understanding the Legal Process in NYC

Filing a wrongful death lawsuit in New York involves several steps, from investigating the cause of death to calculating damages and preparing legal filings. If a case moves forward, your legal team will work to:

• Gather documentation, including medical records, accident reports, or video footage
• Interview witnesses and obtain expert testimony
• Analyze the financial and emotional impact on surviving family members
• Identify all liable parties and available insurance coverage
• Negotiate with defendants or insurance companies
• Represent your case in court if a fair settlement cannot be reached

Wrongful death cases can take anywhere from several months to several years to resolve, depending on the complexity of the evidence and whether the case proceeds to trial. A lawyer can help guide your family through every stage, ensuring your rights are protected and your loved one’s story is told.

Who Can File a Wrongful Death Claim in New York?

In New York, only the personal representative (executor) of the deceased person’s estate can file a wrongful death lawsuit on behalf of surviving family members. This representative may be named in the person’s will or appointed by the court if no will exists.

While siblings and extended family may not file directly, they can still benefit from any compensation awarded in the case if they are part of the statutory heirs.

It’s important to act quickly. Missing that deadline could result in your case being dismissed, regardless of how strong your claim may be.

Key Differences: Wrongful Death vs. Survival Action

Many families confuse wrongful death claims with survival actions. While related, these are legally distinct:

• A wrongful death claim seeks compensation for the losses suffered by surviving family members, such as financial support, emotional grief, and funeral expenses.
• A survival action seeks compensation for the pain, suffering, and damages experienced by the deceased between the time of injury and their death.

Both claims can often be pursued together in New York, but each requires different evidence and legal arguments.

The Role of Expert Witnesses in Building a Case

Expert testimony plays a critical role in many wrongful death lawsuits. Depending on the cause of death, a legal team may consult with:

• Accident reconstruction specialists (in fatal vehicle crashes)
• Medical experts (in malpractice or hospital neglect cases)
• Economists or financial planners (to estimate lost income and future benefits)
• Forensic pathologists (to confirm the cause of death or rule out alternate explanations)

These professionals help clarify complex issues and strengthen the case presented to the court or insurance adjusters.

Why Families Turn to Morgan & Morgan in New York

The pain of losing a loved one is hard enough without having to fight insurance companies or navigate court filings alone. At Morgan & Morgan, we believe grieving families deserve more than sympathy; they deserve justice.

We’ve helped thousands of clients pursue wrongful death claims involving car accidents, unsafe workplaces, negligent hospitals, and defective products. With a deep understanding of New York law and a proven record of results, we’re prepared to stand with you and fight for everything you’re owed.

Whether your loved one’s death happened in a Brooklyn ER, on a Queens construction site, or after a crash on the FDR, you don’t have to go through this alone.

Contact Morgan & Morgan today for a free case evaluation. There’s no cost unless we win, and no downside to learning your options. Your next step forward could begin right now.