New York City Wrongful Death Lawyer

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holding a rose at a funeral for someone who experienced wrongful death

Losing a loved one is one of the hardest things you’ll ever face. The pain, the questions, the overwhelming sense of “what now?” can feel like too much to bear. It’s even more devastating when that loss happens because of someone else’s carelessness or wrongdoing.

You deserve answers. You deserve justice. And you deserve support during this impossible time. That’s where Finz & Finz, P.C. steps in.

For over 40 years, our team has been fighting for families across New York who’ve lost someone they love due to negligence. We’ve won over $1 billion for our clients, but it’s not just about the money—it’s about holding people accountable and helping you find a path forward.

We’re here to listen if you’re searching for a New York wrongful death lawyer who truly cares. Let’s talk about how we can help through this. Call (212) 513-1000 for a free consultation.

Why Choose Finz & Finz, P.C.? 

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When you’re grieving, finding the right legal representation shouldn’t add to your burden. Our wrongful death attorneys in New York bring decades of experience to your case, with a proven record of success in even the most complex wrongful death claims. Here’s why people all across New York choose our firm:

  • Unparalleled experience: With over four decades of fighting for grieving families, we understand the nuances of New York wrongful death law better than most. 
  • Proven results: We’ve recovered over $1 billion for our clients, including numerous record-setting verdicts and settlements in complex cases. 
  • Judicial past: Founded by a former New York State Supreme Court Justice recognized as one of the “Preeminent Lawyers of America,” our team includes four former judges who bring invaluable courtroom perspective to your case. 
  • Respected reputation: We’ve earned the highest peer-review ratings for ethics and legal ability, building a reputation that commands respect from judges, defense attorneys, and insurance companies alike. 
  • Client-centered approach: Our compassionate team understands you’re more than just a case number. We provide personalized attention and regular updates throughout the legal process. 
  • No financial risk: We work on a contingency fee basis, meaning you pay nothing unless we secure compensation for your family. 


Our compassionate support staff is here to listen, guide, and fight for you every step of the way. We know that no amount of money can replace your loved one, but proper compensation can provide financial stability and a sense of justice that may help your family begin to heal.

What Is Wrongful Death in New York?

Under New York law, wrongful death occurs when a person dies due to another party’s wrongful act, neglect, or default. Essentially, these are the circumstances that would have entitled the deceased to file a personal injury lawsuit had they survived.

The New York Estates, Powers and Trusts Law (EPTL) Section 5-4.1 establishes the foundation for wrongful death actions. Unlike personal injury cases where the injured person files the lawsuit, wrongful death claims must be brought by the personal representative of the deceased’s estate.

What sets wrongful death apart from other fatalities is the element of preventability. In other words, these deaths occur because someone failed to act with reasonable care or deliberately caused harm. The wrongful death lawyer in New York handling your case must prove that had the negligent or wrongful act not occurred, your loved one would likely still be alive.

Common Causes of Wrongful Death

Wrongful death can result from countless scenarios, but some causes appear more frequently in legal claims. Let’s review some of the most common ones:

  • Car accidents: Vehicle collisions remain a leading cause of preventable deaths nationwide. According to data provided by the Office of the New York State Comptroller, motor vehicle collisions cause over 1,000 fatalities annually. Fatal car accidents often result from drunk driving, distracted driving, speeding, and failure to follow traffic laws. 
  • Truck accidents: When commercial trucks are involved in accidents, the risk of fatality increases dramatically due to the vehicle’s size and weight. Common factors include driver fatigue from exceeding hour limits, improper loading or securing of cargo, mechanical failures, and corporate pressure to meet unrealistic delivery schedules. 
  • Motorcycle accidents: Motorcyclists are particularly vulnerable on New York roads. Fatal motorcycle accidents frequently involve drivers failing to see motorcyclists, unsafe lane changes or turns, and dooring incidents in urban areas. 
  • Pedestrian accidents: New York’s busy streets see numerous pedestrian fatalities each year, often caused by distracted drivers at crosswalks, failure to yield right-of-way, and speeding in residential or school zones. 
  • Bicycle accidents: Cyclists face similar risks to pedestrians but at higher speeds. Fatal accidents commonly involve vehicles turning into cyclists’ paths, collisions at intersections, and dooring incidents. 
  • Construction accidents: The construction industry presents numerous hazards that can result in wrongful death, including falls from heights, struck-by incidents involving falling objects, electrocutions from exposed wiring or contact with power lines, and equipment accidents involving cranes, forklifts, or other heavy machinery. 
  • Medical malpractice: When healthcare providers fail to meet the standard of care, the consequences can be fatal. Common forms of negligence include surgical errors, medication mistakes, misdiagnosis or delayed diagnosis of critical conditions, and birth injuries resulting in infant death. 
  • Swimming pool accidents: Drowning deaths often result from inadequate supervision, lack of proper barriers or fencing, and defective pool equipment. 
  • Building collapses: Structural failures leading to fatalities may result from building code violations, negligent construction practices, failure to maintain aging structures and improper renovations. 
  • Fires: Fatal building fire and house fire incidents frequently stem from faulty electrical wiring, defective appliances, inadequate fire prevention systems, and blocked fire exits. 
  • Defective products: Dangerous products that often cause deaths include faulty vehicle components (airbags, brakes, tires), defective medical devices, dangerous children’s products, and contaminated food or medications. 


No matter what kind of accident or incident led to your loved one’s death, our New York wrongful death attorney at Finz & Finz, P.C., will investigate what happened to identify all potentially liable parties and build a compelling case to fight for justice.

Who Can Bring Forward a Wrongful Death Claim in New York? 

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New York law has specific rules about who can file wrongful death lawsuits. Unlike some states that allow family members to file directly, New York requires that the personal representative of the deceased’s estate initiate the legal action, even though the damages are sought on behalf of the surviving family members.

The personal representative is typically:

  • The person named as executor in the deceased’s will; or
  • An administrator appointed by the court if there was no will. 

While the representative files the lawsuit, the recovery is for the benefit of the deceased’s “distributees”—the legal term for family members who would inherit according to New York’s laws of intestate succession. These typically include:

  • Spouses
  • Children
  • Parents
  • Siblings (if no spouse, children, or parents survive)
  • Other blood relatives, depending on the circumstances

The distribution of any damages recovered follows New York’s estate laws rather than being divided equally among family members. If you’re thinking of pursuing a wrongful death case, you should consider the statute of limitations. This statute gives you limited time to act. According to the official site of the New York State Unified Court System, the window to file a claim in the state is only two years from the date of the death.

Proving Negligence in a Wrongful Death Claim in New York

To win a wrongful death claim, you have to show that someone else’s negligence caused your loved one’s death. According to the American Bar Association (ABA), negligence means someone didn’t act with the care a reasonable person would have—and that failure led to the worst possible outcome.

You’ll need to prove four elements:

  • The person or company had a duty to keep your loved one safe (like a driver obeying traffic laws); 
  • They reached that duty (speeding, ignoring safety rules); 
  • That mistake directly caused the death; and
  • Your family suffered real losses because of it.

The burden of proof in wrongful death cases is “preponderance of the evidence,” meaning we must show it’s more likely than not (at least 51 percent probable) that the defendant’s negligence caused your loved one’s death. Our team of wrongful death attorneys in New York excels at untangling even the most complicated scenarios, identifying all responsible parties, and holding each accountable for their role in your loved one’s death.

Compensation Under the New York Wrongful Death Law

When someone you love is taken too soon, no amount of money can fill that void. But compensation can help with the practical things—like bills piling up or the loss of income your family counted on. New York law recognizes various forms of economic and non-economic damages.

Economic Damages

These represent the quantifiable financial losses resulting from your loved one’s death:

  • Medical expenses: Costs for emergency care, hospitalization, and any medical treatment received before death. 
  • Funeral and burial costs: All reasonable expenses associated with funeral services, burial or cremation, and related end-of-life arrangements. 
  • Loss of income and benefits: The deceased’s lost income and benefits from the date of injury until death. 
  • Loss of future earnings: The income, benefits, and retirement funds your loved one would likely have earned throughout their expected working life. 
  • Loss of inheritance: The diminished inheritance that survivors would have received had the deceased lived a full life. 
  • Loss of support and services: The financial value of services the deceased performed for the household (childcare, home maintenance, transportation, etc.) that now must be replaced. 

Non-Economic Damages

These are more subjective and compensate for the emotional and relational impact of the loss. While New York’s wrongful death laws are somewhat more restrictive than many states regarding non-economic damages, some of these damages may be recoverable:

  • Conscious pain and suffering: If your loved one didn’t die immediately, compensation may be available for the physical pain and emotional distress they experienced between the injury and death. 
  • Loss of parental guidance: Children can recover damages for the loss of a parent’s guidance, training, education, and moral support. 

Unlike many states, New York law does not generally permit recovery for grief, emotional anguish, or loss of companionship experienced by surviving family members. That’s a limitation lawmakers may address in the future, but it is what it is for now.

Our New York wrongful death lawyers at Finz & Finz, P.C., work diligently to ensure all applicable damages are properly calculated and pursued. We often collaborate with economic experts, actuaries, and life care planners to develop comprehensive projections of your family’s losses.

How Our New York Wrongful Death Lawyer Can Help

Trying to handle the legal matters while grieving can be too emotionally taxing. Our compassionate wrongful death lawyers in New York shoulder the legal burden so you can focus on healing and remembering your loved one.

  • Investigate: We don’t just take things at face value—we dig deep to uncover the truth. No stone gets left unturned because your loved one’s story deserves to be told right. We’ll build a solid case so you don’t have to wonder what happened. 
  • Handle the paperwork: The legal system can feel too overwhelming when grieving. We take all of that off your shoulders. Our team knows exactly what needs to be filed, when, and how. 
  • Talk to insurance companies: Insurance adjusters might call you with a quick offer, but here’s the truth—they’re not on your side. We step in and deal with them, so you don’t have to. With our experience, we know their tricks and won’t let them undervalue your loss. 
  • Fight in court: Sometimes, the other side won’t offer a reasonable settlement. Our attorneys—including four former judges—have decades of courtroom experience and a history of winning record-setting verdicts. We’re not afraid to take your case to trial if that’s what it takes to get justice. 
  • Support you: This isn’t just about laws and money—it’s about you and what you’re going through. We’re here to listen when you need to talk, answer your questions no matter how small they seem, and guide you through every step. 

A wrongful death attorney in New York from our firm doesn’t just know the law—we know how to use it to get results. We’ve spent 40+ years perfecting this, winning record-setting verdicts and settlements.

Call the New York Wrongful Death Lawyers at Finz & Finz, P.C. 

The aftermath of losing a loved one to someone else’s negligence is a time of profound grief, confusion, and uncertainty. We get it. At Finz & Finz, P.C., we’ve walked beside countless families through the darkest times and are ready to walk with you.

We understand that no legal outcome can truly compensate for your loss, but proper financial recovery can provide stability and a sense that justice has been served. Contact our New York wrongful death attorneys today to discuss your situation. Call us at (212) 513-1000 for a free case review.