New York City

New York City Wrongful Death Lawyers

Over $350 million recovered since 1957. Our Kew Gardens office in Queens serves clients across all five boroughs, with a second office in Hicksville for Long Island.

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Wrongful Death cases in New York City

New York does not let the family file directly. A personal representative has to be appointed by the Surrogate's Court of the county where the person lived — Queens, Kings, Bronx, New York or Richmond — and only that person can bring the claim, while the two-year deadline under EPTL § 5-4.1 runs from the date of death regardless. Opening the estate is part of the work we do on the case, not a task the family is sent away with.
  1. 01

    In a city case the 90-day Notice of Claim frequently sits on top of that:

    a City vehicle, an MTA bus or subway, the Transit Authority, NYCHA, a public hospital or a school district as defendant means notice within 90 days, a possible § 50-h hearing, and suit within one year and 90 days. And New York measures the claim by what the survivors lost financially — earnings, household services, a parent's guidance — rather than by their grief, which is why the economic record of the person who died becomes evidence.

What the law requires

Two claims run together.

The deadline to know

The deadline is two years from the date of death, one year shorter than an ordinary injury claim, and 90 days for a Notice of Claim where a public entity is involved.

  1. 01

    The wrongful death claim under EPTL 5-4.1 compensates the distributees for pecuniary loss —

    lost support, lost parental guidance, funeral and medical costs — and, unusually, not for the family's grief itself. The survival claim covers what the person endured between injury and death.

  2. 02

    Both must be brought by the personal representative of the estate, so an estate has to be opened in Surrogate's Court first; we handle that.

Verdicts and settlements

Recoveries obtained by this firm

  • $7,500,000

    Verdict for wrongful death, against landlord, caused by fire that spread through apartment that was without smoke detectors.

  • $780,000

    Wrongful death of a homeowner who fell from the ladder owned by a chimney company.

  • $450,000

    For his client who was struck and killed by a motor vehicle while she was running across a roadway.

All results

Prior results do not guarantee a similar outcome. Every case is different, and the result in any case depends on its own facts.

Why clients call us

What you get from this firm

  • A partner works on your case directly — you are not handed to an associate
  • A firm that has handled wrongful death cases in New York City since 1957
  • Free consultation, and you pay nothing unless we win
  • Home and hospital visits if you cannot travel
  • Cases handled in English and Spanish
  • Open 24 hours — call when it happens, not when the office opens

Questions about wrongful death cases in New York City

Not answered here? A lawyer will answer it, free and at any hour.

Ask us directly
Which court would my case be in?
A city case is filed in the Supreme Court of the county where it arose — Queens in Jamaica, Kings at 360 Adams Street, Bronx at 851 Grand Concourse, New York County at 60 Centre Street, Richmond in St. George. If the defendant is the City, the MTA, the Transit Authority, NYCHA or a public hospital, a Notice of Claim is due within 90 days.
What does it cost to hire you?
Nothing up front. The consultation is free and the fee comes out of the recovery. If there is no recovery, you owe no attorney fee.
How soon should I call?
As soon as you can. Deadlines aside, the evidence in these cases has a short life — camera footage is overwritten, vehicles are repaired, sites are cleaned up and records age out. Early work is what makes the difference.

In their words

What our clients say

5.0 from 90 Google reviews
★★★★★
No complaints at all. Everything went according to what they said and I’m thankful for their representation.
M M
★★★★★
If there was more than 5 stars Seth Fields and his associates would get them all. Mr. FIelds went to trial with a jury in Suffolk Cty Riverhead Supreme Ct & won w/ a verdict in minutes for 100% Liability. The defense worked with Mr. FIelds in a settlement before the damages trial began. I would stop here searching any further & contact Seth Fields if you want a Smart, Attainable for your questions, concerns, Empathetic to your needs but a Bull Dog with your case, then you found your attorney.I can’t thank you enough for all your long hours, weekends, holidays that you put into 7 yrs of all my medical, motions, hearings & trial etc. WE WON! You did it and obtained a large settlement that I couldn’t be more happy after this long tough journey. I would refer everyone to you that has a case that needs fighting for. 🙏
Kristen Parker
★★★★★
The most amazing, professional and knowledgeable with great communicators with injury law, and I highly recommend that there is no reason for second and third opinions on procuring a law firm with their experience and know how. They are second to none. My time was precious, and they respected every minute of it. Thank you!
Robert Hendy

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