Understanding Wrongful Death Claims in New York

When Tragedy Strikes, Families Deserve Justice

The sudden loss of a loved one is devastating. When that loss is caused by someone else’s negligence, recklessness, or intentional actions, the pain is compounded by anger and unanswered questions. At Almeida Law, we help families across New York navigate wrongful death claims with compassion, dignity, and relentless advocacy.

Wrongful death claims are about more than financial recovery—they are about accountability and justice.

What Is a Wrongful Death Claim?

In New York, a wrongful death occurs when a person dies because of another party’s negligent or wrongful conduct. These cases often arise from:

• Motor vehicle accidents(car, truck, motorcycle, or bicycle crashes)

• Medical malpractice(surgical errors, misdiagnosis, medication mistakes)

• Workplace accidents(construction site injuries, unsafe conditions)

• Dangerous property conditions(slip and falls, unsafe buildings)

• Defective products(faulty machinery, unsafe consumer goods)

• Criminal acts or intentional harm

A wrongful death claim is a civil action. It does not replace criminal charges but can proceed alongside them to hold the responsible party financially accountable.

Who Can File a Wrongful Death Lawsuit in New York?

Unlike some states, New York law only allows the personal representative (executor or administrator) of the deceased’s estate to file a wrongful death claim. That representative seeks compensation on behalf of surviving family members, such as:

• Spouse

• Children

• Parents

• Other dependents (in some cases)

This process ensures that damages are distributed fairly to those legally entitled to them.

What Damages Are Recoverable?

A wrongful death claim can never replace a loved one, but it can help reduce financial burdens during an already overwhelming time. In New York, families may recover compensation for:

• Medical expenses related to the final injury or illness

• Funeral and burial costs

• Lost income and benefits the deceased would have provided

• Loss of parental guidance, support, and nurturing

• Conscious pain and suffering the deceased endured before passing

• Loss of inheritance and financial security for dependents

Statute of Limitations: Timing Is Critical

New York law generally allows two years from the date of death to file a wrongful death lawsuit. However, exceptions exist—for example, if the claim involves a government agency, notice requirements may shorten that timeframe. Missing a deadline can mean losing the right to compensation, which is why consulting an attorney as soon as possible is so important.

How Almeida Law P.C. Supports Families

At Almeida Law, we approach wrongful death cases with both compassion and strength. We know that families need time to grieve, but they also deserve justice. Our role is to:

• Investigate thoroughly and gather evidence

• Work with experts in accident reconstruction, medicine, or finance

• Deal directly with insurance companies and defense lawyers

• Seek maximum compensation through negotiation—or in court if necessary

• Keep you informed with respect and transparency at every stage

We handle the legal burdens so you can focus on healing.

Call Today for a Compassionate Consultation

If you have lost a loved one due to another’s negligence, you don’t have to face the legal system alone. We are here to answer your questions, explain your options, and fight for the justice your family deserves.

📞 Call (718) 475-6338 today for a confidential consultation with Almeida Law P.C.