Wrongful Death Attorneys Helping Grieving Families in New York Obtain Justice
The Sanders Law Firm has stood beside New York families facing the aftermath of preventable loss for nearly 60 years. Founded in 1967, our firm brings together experienced attorneys, in-house medical consultants, and a deep network of experts to investigate complex wrongful death cases and pursue accountability.
Our team has recovered billions in verdicts and settlements for injured New Yorkers and their families. With the grit and resilience that define New York, we take a litigation-forward approach to every case and prepare each one for trial from the start. This strategy gives us leverage when negotiating with insurance companies and prevents us from settling for less than our clients deserve.
You’re dealing with enough after a loved one’s untimely passing. When you choose us to represent your family, we’ll handle every aspect of the legal process while you focus on healing. Our wrongful death attorneys will keep you informed at every stage and take on the pressure of the case so you don’t have to.
The Firm Represents Clients in Wrongful Death Lawsuits Involving:
Great firm, the personal are caring and always prompt to help you with anything you need. I’m pleased with my settlement and would definitely recommend the firm to my friends and family.
Mônica F.
The Sanders firm is very reliable and considerate of your well being and feelings. They always kept me informed with the info I needed to know and the staff are always nice!
Wendy D.
What Is a Wrongful Death Claim?
A wrongful death claim arises when someone’s life is lost due to another party’s negligent, reckless, or intentional actions. This type of legal action allows the personal representative of the deceased person’s estate to seek compensation on behalf of the surviving distributees who suffered financial losses because of the death.
To establish fault in a wrongful death case involving negligence, your lawyer must prove that the defendant had a duty of care to the deceased and that their failure to meet this duty caused your loved one’s death. These elements can come into play in many types of situations, including car accidents, medical malpractice, construction accidents, and slip and fall accidents. Wrongful death can also result from an intentional act, such as murder.
What To Do After a Fatal Accident in New York City
Your focus should be on your family after a loved one’s unexpected death. However, taking a few key steps early on can protect your ability to seek answers and accountability. If possible, try to do the following:
- Contact law enforcement: Make sure officers respond to the scene and create an official police report.
- Document the scene: Take photos or videos of the accident scene, related property damage, and any contributing hazards.
- Gather witness information: Collect names and contact details from anyone who saw what happened.
- Collect medical records: Reach out to the health care providers who treated your loved one after the accident and request records related to their medical care.
- Preserve evidence: Keep your loved one’s clothing and damaged personal belongings in their original condition. Avoid cleaning, repairing, or discarding anything before our attorneys have had a chance to analyze it.
- Contact our wrongful death lawyers: We’ll be ready to listen to your story and guide you through your next steps.
Key Wrongful Death Laws in New York State
The primary set of laws affecting wrongful death claims in New York is New York Estates, Powers and Trusts Law § 5-4. These laws create a framework for when a family can pursue a claim and what compensation they can recover.
State law allows only the personal representative of the deceased person’s estate to file a wrongful death lawsuit on behalf of surviving family members. If the appointed representative refuses to file the lawsuit, eligible family members can ask the court to appoint someone else to act on their behalf.
Wrongful death damages belong to the deceased’s family members who are legally entitled to recover compensation, not to the estate. A court determines how to divide the funds based on the financial loss each person has suffered, and the personal representative distributes them accordingly.
Who Is Eligible To File a Wrongful Death Lawsuit in New York?
In most cases, the deceased’s immediate surviving family members have the right to benefit from a wrongful death claim in New York. The people who may benefit from a New York wrongful death claim are the decedent’s distributees under New York law. Depending on who survives the decedent, this may include a spouse, children, parents, or, in some cases, siblings or other relatives.
During your case review, our attorneys may help you identify who can serve in this role. This person may be named in the victim’s will as the estate administrator or executor. If the deceased did not have a will or didn’t designate someone, the court will appoint a representative according to New York intestacy laws.
Statute of Limitations and Filing Deadlines
You have only two years to file a wrongful death lawsuit in New York. The clock begins ticking as soon as a loved one has passed away. It can take months to build a strong case, so you should reach out to our NYC wrongful death attorneys promptly.
During a free case review, we’ll explain your legal rights and options and walk you through what to expect from the lawsuit process. We accept wrongful death cases on a contingency fee basis, which means you pay no upfront legal fees and no fees at all unless we recover compensation for your family.
The time to file a lawsuit is limited. Call us or contact us to schedule a free consultation with a wrongful death lawyer in New York.
We Have Your Back
Founded in 1967, The Sanders Law Firm has grown into a large, thriving organization of attorneys, paralegals, medical consultants, and support staff – all committed to providing the highest level of legal representation to injured New Yorkers.
Types of Damages Available to Wrongful Death Survivors in New York
If your loved one was the victim of a wrongful death, you may be eligible to pursue several types of compensation.
Compensatory Damages
In most cases, only economic damages are available through a wrongful death lawsuit in New York. These reflect the financial losses your family has suffered because of the death, including loss of financial support, loss of inheritance, medical expenses related to the victim’s fatal injury, and funeral expenses. You may also be entitled to compensation for the loss of the deceased’s support and services, such as cooking, housekeeping, child care, and transportation, as calculated by the cost of hiring people to provide these services.
Wrongful death actions typically don’t cover non-economic damages. However, if the victim left behind minor children, compensation may be available for the loss of parental nurturing and guidance.
When determining what is fair financial compensation for your family, our New York wrongful death attorneys may consider several factors. These include the victim’s age, health, and life expectancy at the time of injury, their work habits and current position, and their future earning capacity and potential for career advancement.
Punitive Damages
Punitive damages may be available in limited cases involving especially egregious misconduct, if the decedent could have recovered punitive damages had they survived. This type of damage award is meant to punish the defendant and possibly deter similar conduct in the future.
The Sanders Firm Is Ready To Help During This Challenging Time
Losing a loved one because of someone else’s negligence can leave your family facing overwhelming grief, financial stress, and unanswered questions. You don’t have to navigate these challenges alone. Our New York wrongful death lawyers are here to help you understand your options and pursue accountability.
We represent grieving families on a contingency fee basis, which means it costs nothing out of pocket to seek justice with our attorneys. To set up your free, no-obligation case review with a member of our team, please call (833) SANDERS or contact us using our online form. Our friendly staff is standing by to take your call 24 hours a day, 7 days a week, from our office locations in Queens, Brooklyn, Manhattan, and Garden City.