Wrongful Death Lawyer Serving New York & Long Island

According to the New York State Department of Motor Vehicles Accident Information System (AIS), there were 372,159 total traffic crashes in New York State in 2021, causing 105,882 injuries and 1,068 fatalities. Losing a family member prematurely due to another person’s wrongful action can be a heartbreaking experience. If you believe that a negligent party’s actions were responsible for your loved one’s death, you may be able to recover damages through a wrongful death claim. 

At Law Office of Steven R. Smith, I understand how difficult it can be for you and your loved ones after such an overwhelming experience. I am ready to represent, guide, and support you compassionately in your wrongful death claim. As a New York State personal injury attorney, I will fight vigorously for your legal rights, hold the responsible party liable, and help you pursue fair financial compensation for your untimely loss. 

My firm—Law Office of Steven R. Smith—proudly serves clients across New York and Long Island, as well as the surrounding areas of Mineola, Westbury, Hempstead, and New Hyde Park. 

Why File a Wrongful Death Claim? 

A wrongful death claim is a civil action—lawsuit or claim—that is filed against someone who negligently, recklessly, or wrongfully causes another person’s death. Here are some reasons to file a wrongful death claim: 

Seek Justice for Loved Ones: The surviving family members of the decedent can seek justice for the deceased person and honor their memory by filing a wrongful death claim. 

Establish Accountability: In addition, filing a wrongful death claim may offer an opportunity to establish accountability and hold the responsible party liable for their negligent actions. 

Seek Financial Compensation: The decedent’s surviving family members may file a wrongful death action to pursue a much-needed financial boost to cover outstanding medical expenses, burial and funeral expenses, lost earning capacity, and loss of care. 

Serve as Deterrence: Filing a wrongful death claim can serve as a warning to other individuals from engaging in negligent actions which may lead to fatalities. This will also help ensure that another person or family doesn’t suffer from such an unfortunate incident. 

While no amount of financial compensation can bring back the decedent, filing a wrongful death claim would allow the decedent’s surviving loved ones to seek justice and financial security for their sudden loss. 

What Constitutes Wrongful Death in New York?  

According to New York law, a wrongful death can be described as a death that occurs due to “a wrongful act, neglect, or default” of which the decedent could have pursued a personal injury lawsuit if they had lived.  

Statute of Limitations 

The statute of limitations for wrongful death claims in New York State is two years since the date of the death. This means that you must file a wrongful death action within two years from the date the person died. 

Who Can File a Wrongful Death Claim in New York? 

Under New York law, any of the following individuals may be eligible to file a wrongful death action: 

• The spouse of the decedent 

• The child or children of the decedent 

• The parent or parents of the decedent 

• The personal representative of the deceased person’s estate 

An experienced attorney can help file a wrongful death claim, seek to prove fault, and pursue the financial compensation you deserve. 

What Needs to Be Proven to Constitute Wrongful Death?  

In order to establish a wrongful death claim in New York State, you must show that: 

• A death occurred 

• The death was caused by the defendant’s wrongful conduct 

• The deceased would have filed a personal injury claim if they were still alive 

• The decedent’s surviving family members suffered emotional and economic losses due to the death 

• The decedent’s estate can recover the damages 

A New York State wrongful death attorney can help identify the liable party, establish liability, and move your case forward. 

Damages Available 

The following damages may be recovered through a wrongful death claim in New York: 

• Reasonable medical expenses associated with the deceased person's final injury or illness 

• Lost wages, benefits, and services 

• Pain and suffering experienced by the surviving family members 

• The lost inheritance of the survivors 

• Burial and funeral expenses 

• Lost companionship, advice, counsel, support, services, and care 

• The monetary support the decedent could have provided for the family 

An attorney can fight zealously on your behalf and help you seek fair financial compensation for your damages and loss. 

How Legal Counsel Can Help 

The death of a loved one can be unsettling and overwhelming. Such a loss can affect your emotional and financial well-being. However, you don't have to go through these challenges alone. If you believe that a negligent party caused your family member’s death, hiring a skilled personal injury attorney is key.  

For more than 30 years, I have devoted my career to handling personal injury cases and representing clients in their wrongful death claims. I will guide you through the complex procedures involved in filing wrongful death claims and seeking damages. In addition, I will continue fighting for your legal rights and help you pursue the financial justice you deserve.