Practice area

Wrongful Death

Two claims run together in New York: the family's loss, and what the person suffered before death.

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What you need to know

New York wrongful death law is narrower than most people expect and requires two things at once. The wrongful death claim under EPTL 5-4.1 compensates the distributees for their pecuniary losses — lost financial support, lost parental guidance, funeral and medical expenses.

The deadline to know

Where a municipality or public authority is involved, a Notice of Claim within 90 days applies as well.

  1. 01

    New York, unusually and controversially, does not compensate a family's grief itself in this claim.

    The survival claim runs alongside it and covers what the person endured between injury and death: conscious pain and suffering, and their own medical bills.

  2. 02

    The claim must be brought by the personal representative of the estate, which means an estate has to be opened in Surrogate's Court before suit. We handle that step as part of the case.

  3. 03

    The deadline is two years from the date of death — one year shorter than an ordinary injury claim.

    Where the death results from medical malpractice, the timing interacts with the two-and-a-half-year malpractice rule.

  4. 04

    The firm has obtained a $7,500,000 verdict for the family of a victim fatally burned in a fire, against a landlord who failed to install smoke detectors, and $780,000 for the family of a homeowner who fell from a chimney company's ladder.

What these cases involve

Fatal motor vehicle collisions

Including hit-and-run and commercial vehicle cases.

Construction site fatalities

Falls, collapses and struck-by deaths, with Labor Law claims alongside.

Fires and building failures

Missing smoke detectors, blocked exits and code violations.

Medical malpractice deaths

With their own shorter timing rules.

Opening the estate

A personal representative must be appointed before the claim can be filed.

Distribution of any recovery

Allocated among distributees, and approved by the court.

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.

Common questions

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

Ask us directly
Who is allowed to bring the case?
Only the personal representative of the estate, on behalf of the distributees. If no estate has been opened, that is the first step and we handle it.
How long do we have?
Two years from the date of death in most cases — and only 90 days for a Notice of Claim if a public entity is involved.
Is our grief compensated?
Not directly under New York's wrongful death statute, which is limited to pecuniary loss. The survival claim does compensate the conscious pain and suffering the person experienced before death, which is why both claims are brought together.

In their words

What our clients say

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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. 🙏
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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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Where we handle these cases

Wrongful Death lawyers by location

The roads, the courthouse and the deadline change with the county. Each page covers how these cases work where you were hurt.

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