New York City Wrongful Death Attorneys

Are You in Need of a New York City Wrongful Death Lawyer?

When someone else's negligence leads to the death of a loved one, the emotional toll can be overwhelming. At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we understand how deeply painful and confusing this time can be, and we’re here to help. Our NYC personal injury attorneys take on the burden of legal work so that families can focus on grieving and rebuilding.

Why Choose Us Over Other Wrongful Death Attorneys in NYC?

At WRSMH, we prepare every case for trial from day one. We do not cut corners. We work with medical experts, economists, accident reconstruction specialists, and other professionals to uncover the truth and build a case that fully reflects your loss.

Here's why families across New York City trust WRSMH with their wrongful death cases:

Over $2 billion recovered for injured clients and their families
More than 50 years of experience representing New Yorkers
Named one of the Best Law Firms by U.S. News & World Report
10.0/10.0 Superb rating on Avvo
Recognized by the American Institute of Personal Injury Attorneys™ as one of NYC's top 10 law firms for client satisfaction
Numerous attorneys named to Super Lawyers based on peer reviews and independent research
Members of the Multi-Million Dollar Advocates Forum
Relentless preparation and trial strategy designed to maximize results

Notable Wrongful Death Cases

Heat stroke kills construction worker: $4.5 million

Failure to diagnose colon cancer: $2.5 million

Construction worker killed in explosion: $1.3 million

"If you are looking for good lawyers to represent you, this law-firm has the best lawyers. They will fight for your rights until the end. Everyone always welcomes you with courtesy and respect and you will always be updated in your case!"
- N.O. from Google

Contact a Trusted NYC Wrongful Death Attorney

If you’ve lost a loved one due to someone else’s negligence, you don’t have to navigate the legal process alone. Wingate, Russotti, Shapiro, Moses & Halperin, LLP is ready to stand by your side and pursue justice on your behalf.

Call (212) 986-7353 today for a free consultation. We’ll listen to your story, explain your options, and help you move forward.

What Is a Wrongful Death Claim?

A wrongful death claim allows families to hold an at-fault party accountable for the death of a loved one in a fatal accident. The type of accident generally does not matter as long as it can be proven that the responsible party’s negligent or wrongful actions caused the death. Through a wrongful death claim, the survivors may pursue compensation for the economic and non-economic damages caused by the death, such as medical bills, pain and suffering, and funeral costs.

Do You Have a Legitimate Case?

To bring a valid wrongful death claim, specific legal elements must be present. A wrongful death occurs when:

A person dies as a result of another party’s negligence, recklessness, or intentional misconduct
The victim could have filed a personal injury lawsuit had they survived
One or more surviving individuals suffered a measurable loss due to the death
A personal representative is available to bring the claim

If your loved one’s death was caused by another party’s careless or intentional actions, you may have grounds to file a claim. The best way to determine your legal standing is to speak with a skilled wrongful death lawyer. WRSMH offers free consultations and can walk you through your options.

What’s the Legal Process for a Wrongful Death Case?

At WRSMH, we take the time to explain each phase clearly, so you always know where your case stands and what to expect.

Thorough Investigation

Our legal team begins with a meticulous investigation. We gather critical evidence, interview witnesses, and identify any parties whose negligence may have caused your loved one’s death. We also consult with trusted experts who can explain how the death occurred and help define the full extent of damages suffered.

Filing the Lawsuit

This legal action seeks compensation on behalf of the estate and surviving family members for damages such as funeral costs, lost financial support, and loss of companionship. Our attorneys handle this step with care and precision, making sure all legal deadlines and procedural requirements are met.

Discovery and Case Building

Once the claim is filed, both sides enter the discovery phase. This involves exchanging evidence, taking sworn depositions, and resolving procedural issues. Our attorneys use this phase not only to gather additional facts but to strengthen your case for trial. We spare no expense preparing for the possibility of litigation, because we believe that every client deserves the best chance to present their case before a jury.

Settlement Negotiations

While many wrongful death cases settle before going to trial, we do not negotiate from a place of compromise. Our preparation and use of expert analysis give us leverage to push for a fair resolution.

Trial

If a fair settlement cannot be reached, we are fully prepared to present your case to a jury. Our trial attorneys are respected throughout New York City courtrooms for their skill, preparation, and strategic thinking. We approach each case as though it will go to trial, because that level of readiness often makes all the difference.

Who Is Eligible to File a Wrongful Death Claim in New York?

New York law limits who can bring a wrongful death claim. Unlike many other states, only the personal representative (executor) of the deceased’s estate may file the lawsuit. This individual may have been named in a will, or appointed by the court if no will exists.

While the personal representative files the claim, the damages recovered go to eligible surviving family members, including:

A surviving spouse
Children of the deceased
Parents (if the deceased was a minor or had no spouse or children)

Holding Negligent Parties Accountable Starts with One Call

If someone else’s actions caused your family’s loss, we’re ready to stand by you. Call (212) 986-7353 now.

Causes of Wrongful Deaths in New York

Unfortunately, devastating accidents happen every day across New York that tragically cut someone’s life short. After cancer and heart disease, accidents are the third leading cause of death in New York State, but make no mistake: someone besides the deceased is often to blame for these deaths. In addition, unintentional injuries have consistently ranked among the top five causes of death in NYC.

Wrongful death lawsuits can involve a wide range of fatal accidents, including:

What Damages Can Be Recovered After a Wrongful Death?

While legal action cannot erase such a tragic loss, it is possible to obtain significant financial compensation to assist with life after the death of a loved one. The immediate family members can claim the following damages:

Medical costs related to hospital care prior to death
Burial or cremation expenses
Funeral costs
Lost expected wages
Lost benefits from the deceased’s employment
Loss of consortium
Loss of inheritance
Punitive damages for crimes committed by the at-fault party that caused the death

With a significant financial settlement, the family can focus on healing without worrying about paying for past losses or future expenses related to the death.

What Is the Statute of Limitations in New York?

In New York, the statute of limitations for wrongful death claims is two years from the date of death. This deadline is strict, and failing to file within that time may permanently bar you from seeking compensation.

It’s important to note that this timeframe may vary depending on specific circumstances, such as:

Claims involving a municipality or government agency (shorter notice requirements)
Cases involving criminal prosecution (may impact civil timelines)

Because timing is critical, we encourage families to contact us as soon as possible to preserve their rights.

Other Locations We Serve in New York

What Clients Are Saying About Us

They treat me like family-Jay Ortiz (5-Star Google Review)

They treat me like family, not a number.

Speak With a Trusted Wrongful Death Attorney in New York City

The compassionate lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP have extensive experience handling wrongful death cases on behalf of clients who have lost a family member in catastrophic accidents. We understand that money cannot erase the loss you have suffered, but it can help relieve the financial burdens that may interfere with your ability to grieve.

Please contact WRSMH online or by calling (212) 986-7353 to receive a free and comprehensive consultation to help you make an informed decision about your circumstances.

Wrongful Death FAQs

What is considered a wrongful death in New York?

A wrongful death occurs when someone dies due to another party’s negligence, recklessness, or intentional act. This can include fatal accidents, unsafe premises, or negligent medical care, among other causes.

Who can file a wrongful death lawsuit in New York?

Only the personal representative (executor) of the deceased’s estate can file the lawsuit. The compensation awarded is then distributed to eligible surviving family members, such as a spouse, children, or parents.

What types of damages can be recovered in a wrongful death claim?

Recoverable damages may include funeral and burial expenses, medical costs related to the final injury, lost future income, loss of parental guidance, and loss of services. New York law does not allow compensation for emotional pain and suffering of survivors.

How long do I have to file a wrongful death claim in New York?

In most cases, you must file the lawsuit within two years of the date of death. This deadline can be shorter if a government agency is involved, so it's important to speak with an attorney as soon as possible.

Do I have to go to court to resolve a wrongful death case?

Not always. Many wrongful death claims are resolved through settlement. However, WRSMH prepares every case as if it will go to trial to ensure the strongest possible position in negotiations or in court.

Can I file a wrongful death claim if criminal charges are also involved?

Yes. A wrongful death lawsuit is a civil case and can proceed separately from any criminal prosecution. You do not need a criminal conviction to pursue civil compensation.

What is the difference between a wrongful death case and a survival action?

A wrongful death claim seeks compensation for the losses suffered by surviving family members. A survival action addresses the pain, suffering, and expenses the deceased experienced before passing and is brought on behalf of the estate.

Meet Our Attorneys

Philip Anthony Russotti

Philip A. Russotti is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. In his role at the firm, Phil ensures that every case he handles is prepared with the same rigor, leveraging a full complement of expert witnesses and trial resources. Phil has been a driving force at WRSMH.

Kenneth J. Halperin

Kenneth J. Halperin is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. He handles a broad spectrum of cases. Ken is known for his rigorous case management and trial ready approach, working personally with clients from the start through resolution or verdict. He has obtained significant verdicts and settlements in high stakes construction and premises cases.

Bryce Moses

Bryce Moses is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, where he represents people who have been seriously injured. He has secured numerous multimillion-dollar verdicts and settlements on behalf of clients throughout New York City. Ken has built a reputation as a tenacious courtroom advocate and a strategic negotiator.

Clifford H. Shapiro

Clifford Harlan Shapiro is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, where he practices personal injury law. Cliff handles a broad range of serious injury and wrongful death cases. Known for his skill in negotiation, he plays an active role in resolving cases through early settlement when possible.