Personal Injury Banner


In New York, wrongful death refers to a death that was caused by the wrongful conduct of another person.

Wrongful death is governed by a statute in New York which provides for compensation to be paid for the economic and personal losses to the estate or loved ones left behind such as children, a spouse, or other close relatives to whom the deceased person provided support. The age of the deceased plays an important role, as the life expectancy impacts the issue of lost income.

If you’ve recently lost a loved one due to the wrongful conduct of another, the NYC injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help.  No amount of money can replace a loved one, but it can help ease the financial burden left behind.  Call today for a free case evaluation.

How Do I File A Wrongful Death Case in New York City?

Wrongful death actions may only be initiated family member that is appointed by the court as a representative of the estate and is who is known as the administrator if there is no will. If there is a will, the named executor may be the plaintiff.

Only one wrongful death claim can be brought, even with multiple family members. Just because a case is brought by an executor or an administrator, that does not mean that person will receive a larger share (or any share) as the court will review how the monetary compensation will be distributed.

To learn more about how the monetary compensation will be distributed, speak to an NYC wrongful death attorney.

How Will Pursuing A Wrongful Death Help Me?

The purpose of a wrongful death lawsuit is to ensure that you receive a settlement that reflects the true extent of your losses. Obviously, nothing can balance the fact of losing a loved one, but the shock of loss and bereavement can be exacerbated by the loss of the financial support provided by the deceased.

The legal remedies that are available to you exist in recognition of the profound impact of the loss that you have suffered. Although you may still be overwhelmed by what has occurred, it’s important to seek guidance from an experienced New York wrongful death attorney. The actions you take now can have a positive impact on your quality of life far into the future.

Visiting a lost one

Who Can File a Wrongful Death Claim in NYC?

Only one claim can be filed in the aftermath of an accident that results in wrongful death. An evaluation of your specific circumstances is the first step in determining who the plaintiff will be. If the deceased left no will, a court will appoint a representative to act on behalf of the estate. If there is a will, the executor of the will assumes the role of plaintiff.

If multiple family members have been affected, particularly if they are adults, there can be sensitive issues regarding the distribution of any settlement. You can spare yourselves the added stress and confusion and uncertainty by contacting us as soon as possible. Our NYC wrongful death lawyers can ensure these issues are all clarified and that an approach that is fair and legally sound is developed.

What Are the Elements in a Wrongful Death Case in New York?

The personal representative of a deceased person holds the right to file a wrongful death lawsuit in New York. For the case to move forward, it must have specific elements:

  • The defendant acted negligently
  • The act of negligence resulted in the death of the person
  • The deceased person had a surviving spouse, children, or other dependents or beneficiaries
  • These parties have suffered financial damages as a result of the untimely death

What Does New York Law State About Pain & Suffering?

The pain and suffering of the family after losing a loved one are unimaginable. When a loved one is taken away with no warning due to an act of negligence, the closure may be out of reach – but a wrongful death case can achieve a form of justice. New York law lags behind the majority of other states in one facet of wrongful death cases: the family members cannot seek compensation for their own pain and suffering – only the pain and suffering experienced by the deceased prior to death under Article 5 of the EPT (Estates, Powers, and Trusts).

How this aspect of your case is handled is of vital importance to the level of compensation that can be pursued in a wrongful death lawsuit. At Rosenberg, Minc, Falkoff & Wolff, LLP, our NYC wrongful death attorneys have a great depth of experience in wrongful death cases. Our goal is to help our client seek to recover the maximum possible under New York state law.

The Types of Compensation You Can Claim in an NYC Wrongful Death Case


Have you lost a spouse early in a marriage, or have your children lost the opportunity to have the love and guidance of a parent? Was a child, full of promise and potential, taken away from you? Had you worked hard for decades and finally reached the point where you and your loved one could retire and spend time together in all the ways that had never been possible?

These are only some of the scenarios that are inevitable when a loved one is lost. They are tragic enough when they result from circumstances beyond our control. If the consequences are the result of careless or negligent behavior, justice must be served by holding the negligent party accountable in court with the help of our experienced NYC wrongful death lawyers from Rosenberg, Minc, Falkoff & Wolff, LLP.


The loss of a loved one can also have a devastating impact on your financial future. This begins with the recognition that, whatever their contribution may have been, your loved one will no longer be able to earn wages or provide financial support to you and to others who may have depended on them.

If your loved one was at the beginning of a career that could have been expected to continue for many years into the future, the calculations must reflect the long-term financial losses. If an impending business opportunity that would have changed your financial future was lost due to the death of your loved one, that loss should be considered. You are likely in uncharted waters – wrongful death valuations of damages are typically very complex calculations, which must be performed accurately.

Our team of wrongful death lawyers in New York City has years of experience representing clients in wrongful death cases. They have a deep understanding of the factors that need to be considered in forming an accurate picture of how your loss has affected your financial future, and what it will take to make you whole.

Contact Rosenberg, Minc, Falkoff & Wolff, LLP Law for Help in a Wrongful Death Case

Contact the New York wrongful death lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP today. No fees unless we win – and our success rate is at 95 percent. Our experience can help you achieve justice and fair compensation.



122 East 42nd Street Suite 3800
New York, NY 10168

Tel: 212-LAWYERS

Tel: 212-697-9280



8900 Sutphin Blvd Suite 501
Queens, NY 11435

Tel: (718) 399-3100

*By Appointment Only



220-226 E 161st Street
The Bronx, NY 10451

Tel: (212) 344-1000

*By Appointment Only



1002 Dean St
Brooklyn, NY 11238

Tel: (516) 410-4445

*By Appointment Only