Wrongful Death Lawyer New York, NY
Losing a family member because of another person’s negligence or wrongful conduct is devastating. In New York, the law provides a civil remedy known as a wrongful death claim, allowing the personal representative of the decedent’s estate to seek compensation on behalf of surviving family members. Under New York law, a wrongful death action must be commenced within two years of the date of death. N.Y. E.P.T.L. § 5-4.1. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel represent families in New York City and throughout the state, guiding them through the legal process and working to hold responsible parties accountable. Whether the death resulted from a motor vehicle accident, medical malpractice, a defective product, or another act of negligence, our firm helps survivors pursue the financial recovery they need to move forward. Call (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Wrongful Death Means in New York
A wrongful death claim arises when a person’s death is caused by the wrongful act, neglect, or default of another party. In New York, the action is governed by the Estates, Powers and Trusts Law (E.P.T.L.) § 5-4.1, which authorizes the personal representative of the decedent’s estate to file suit for the benefit of the decedent’s distributees—those who would inherit under the state’s intestacy laws, such as a surviving spouse, children, or parents.
A wrongful death action in New York must be filed within two years of the decedent’s death. N.Y. E.P.T.L. § 5-4.1.
Source: New York Estates, Powers and Trusts Law § 5-4.1.
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Damages recoverable in a New York wrongful death case include medical and funeral expenses, loss of the decedent’s financial support and benefits, and the value of parental guidance, nurture, and inheritance. New York does not permit recovery for grief or emotional suffering of the survivors, nor punitive damages in most instances. Cases are filed in the New York Supreme Court of the county where the death occurred or where the defendant resides. Our New York location, at 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202, serves clients in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island by appointment. Reach us at (838) 292-0003 or toll‑free at (888) 437-7747.
How Mr. Sris and His Of Counsel Handle Wrongful Death Cases in New York
Pursuing a wrongful death claim requires a thorough investigation of the circumstances experienced to the loss. Mr. Sris and his Of Counsel begin by gathering accident reports, medical records, employment and earnings histories, and other evidence that establishes both liability and the full economic impact of the death. If the matter involves a motor vehicle accident, defective product, medical error, or unsafe premises, the firm consults with accident reconstruction attorneys, medical professionals, and other attorney to build a foundation for the claim.
Once the evidence is assembled, the firm engages with insurers and opposing counsel to negotiate a settlement that compensates the family for its financial loss. Many cases resolve without a trial, but if a fair resolution cannot be reached, Mr. Sris and his Of Counsel are prepared to litigate in New York Supreme Court. The timeline for a wrongful death action depends on the complexity of the matter, the court’s calendar, and the parties’ willingness to negotiate. Throughout the process, the firm’s goal remains consistent: to pursue the fullest recovery permitted by law while keeping the family informed at every stage.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor with experience in criminal trial work. As Owner and Founder, Mr. Sris has built a multi‑state practice spanning Virginia, Maryland, the District of Columbia, New Jersey, and New York. He and his Of Counsel focus on representing individuals and families in personal injury and wrongful death matters, including those arising from automobile collisions, medical negligence, and unsafe conditions.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. Together they have documented 4,739+ case results across all practice areas since 1997. The Of Counsel attorneys are engaged through Excella, and each brings perspective that helps the firm address the factual and legal issues unique to a wrongful death claim.
Frequently Asked Questions
Who can file a wrongful death lawsuit in New York?
In New York, the personal representative of the decedent’s estate is the only party authorized to bring a wrongful death action. This action is pursued for the benefit of the decedent’s distributees—those who would inherit under intestacy law, such as a surviving spouse, children, or parents. The personal representative may be named in the will or appointed by the Surrogate’s Court. An experienced attorney can assist with the appointment process and ensure the claim is properly filed.
What damages are recoverable in a New York wrongful death case?
Recoverable damages include medical and funeral costs, loss of the decedent’s financial support and benefits, and loss of parental guidance, nurture, and inheritance. New York law does not allow compensation for the grief or emotional suffering of survivors, nor punitive damages in most wrongful death actions. A lawyer can quantify the full economic impact of the loss and present persuasive evidence to the court or to the insurance carrier.
How long do I have to file a wrongful death claim in New York?
A wrongful death action must be commenced within two years of the decedent’s death. N.Y. E.P.T.L. § 5-4.1. Missing this deadline may result in dismissal of the claim regardless of its merits. While narrow exceptions can occasionally extend the period, the safest course is to consult with an attorney as soon as possible after the loss to preserve evidence and meet the filing deadline.
How does a wrongful death lawyer prove negligence in New York?
Proving negligence in a wrongful death claim requires establishing that the defendant owed a duty of care to the decedent, breached that duty, and that the breach directly caused the death. Evidence may include accident reports, medical records, witness accounts, experienced attorney analysis, and surveillance footage. An experienced attorney works with investigators and attorneys to gather and preserve evidence, and to present a clear narrative of liability to the court or to negotiating insurers.
How much does it cost to hire a wrongful death attorney in New York?
Fees vary by case. Many personal injury and wrongful death attorneys in New York handle cases on a contingency fee basis, meaning the client pays no upfront legal fees; the attorney is paid a percentage of any settlement or verdict obtained. This arrangement allows families to pursue a claim without additional financial strain. For specific fee information, call Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.
Do I need a lawyer for a wrongful death claim in New York?
You are not legally required to hire a lawyer, but wrongful death cases involve complex procedural rules, strict filing deadlines, and negotiations with insurance companies and defense attorneys. An experienced attorney can manage these challenges, protect your rights, and work toward the fullest possible recovery. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Primary legal sources: New York Estates, Powers and Trusts Law § 5-4.1 · New York State Unified Court System.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.