Wrongful Death Lawyer New York, NY
The sudden loss of a loved one in New York, NY, can leave surviving family members overwhelmed by grief and financial uncertainty. When a death is caused by the negligence of another person or entity—whether in a motor vehicle collision on the FDR Drive, a construction accident in Midtown, or medical malpractice at a Manhattan hospital—the personal representative of the decedent’s estate may bring a wrongful death claim under New York’s Estates, Powers and Trusts Law. These claims seek to hold the at-fault party accountable and to recover compensation for the family’s economic and non-economic losses. Law Offices Of SRIS, P.C. represents families in Manhattan, Brooklyn, Queens, Staten Island, and across New York State in wrongful death litigation. Mr. Sris, a former prosecutor who founded the firm in 1997, leads an experienced team that understands the procedural demands of New York County Supreme Court, located at 60 Centre Street. Reach our location at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Wrongful Death Means in New York, NY
A wrongful death claim in New York arises when a person dies as a result of another party’s wrongful act, neglect, or default. The governing statute is N.Y. E.P.T.L. § 5-4.1, which authorizes the personal representative of the decedent’s estate to file a lawsuit for the benefit of the decedent’s distributees—typically the surviving spouse, children, and sometimes parents. The law recognizes that families suffer not only the immediate financial impact of lost income and funeral costs but also the loss of parental guidance, consortium, and household services. New York places no statutory cap on compensatory damages in wrongful death actions, meaning the amount recoverable depends on the particular facts of the case.
Claims must be filed within two years of the date of death. Missing this statute of limitations bars the claim entirely, making prompt investigation critical. In New York County, wrongful death cases are generally heard in the New York Supreme Court, New York County, the state’s trial-level court of general jurisdiction. The procedural path from filing through discovery and trial demands careful documentation, expert testimony, and a thorough understanding of how pure comparative fault applies—where a decedent’s partial fault reduces the recovery proportionally but does not bar it. Law Offices Of SRIS, P.C. works with families to build a record that preserves the right to fair compensation.
How Mr. Sris and His Of Counsel Handle Wrongful Death Cases
Mr. Sris and his Of Counsel team approach each wrongful death matter with a methodical investigation into liability and damages. They gather police and accident reports, medical records, and employment documentation, and they consult with accident reconstruction attorneys, medical professionals, and economic loss analysts when needed. The firm negotiates with insurance companies and, if a fair resolution cannot be reached, prepares the case for trial in the New York Supreme Court. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, supported by 4,739+ documented firm-wide results. Results may vary.
Throughout the process, clients receive clear communication about the status of their case. The firm’s multi-state practice—spanning Virginia, Maryland, the District of Columbia, New Jersey, and New York—gives it a broad perspective on wrongful death litigation. While the firm cannot guarantee a particular outcome, it works to secure a resolution that addresses the family’s present and future financial needs.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who built the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background as a prosecutor gives him insight into how defendants and their insurers evaluate liability and damages. Alongside his Of Counsel team, he applies decades of civil litigation experience to wrongful death cases. The firm’s New York location serves families throughout New York City and beyond.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in New York?
In New York, a wrongful death lawsuit must be filed within two years of the decedent’s death (N.Y. E.P.T.L. § 5-4.1). Missing this deadline can permanently bar the claim, even if the family has a strong case. The clock starts running on the date of death, so it is crucial to contact an attorney as soon as possible to preserve evidence and evaluate the matter. Law Offices Of SRIS, P.C. can help you understand the applicable deadlines and take the necessary steps.
Who can bring a wrongful death claim in New York?
Only the personal representative of the decedent’s estate is authorized to file a wrongful death claim under New York law. This representative may be named in the will or appointed by the Surrogate’s Court if no will exists. The action is pursued for the benefit of the decedent’s distributees, which typically include the surviving spouse and children, and in some cases parents. An attorney can assist the family in opening the estate and securing the appointment of a representative.
What damages are recoverable in a New York wrongful death case?
Recoverable damages in a New York wrongful death case may include economic losses such as funeral and medical expenses, loss of financial support, and the value of services the deceased would have provided, as well as non-economic damages for loss of parental guidance and consortium. New York does not cap compensatory damages, so the final award depends on the specific facts—the decedent’s age, earnings, and contributions to the family. Each case is evaluated individually.
How does comparative fault affect a wrongful death claim in New York?
New York applies a pure comparative fault rule, which means the family can still recover damages even if the deceased was partly at fault, but the recovery is reduced by the deceased’s percentage of fault. For example, if the decedent was found 25% responsible, the recoverable amount would be reduced by 25%. An experienced attorney can develop evidence to minimize the fault attributed to the deceased and maximize the family’s recovery.
What should I do if a family member dies due to someone else’s negligence?
The first step is to ensure that the estate is opened and a personal representative is appointed, then gather all relevant records—medical, accident reports, and documentation of financial losses—and avoid speaking with insurance adjusters or accepting settlements without legal guidance. Contact a wrongful death attorney promptly to review the facts and protect the family’s rights. Law Offices Of SRIS, P.C. offers consultations to discuss your situation in detail.
Does Law Offices Of SRIS, P.C. Charge a fee for wrongful death cases?
The firm typically handles wrongful death cases on a contingency fee basis, meaning you pay no attorney fees unless the firm obtains a recovery for you. The specific percentage and terms are explained during the initial consultation. Contact our location to learn more about how the contingency arrangement works and to discuss your potential claim.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related Legal Services in New York
Personal Injury Lawyer in Manhattan • Personal Injury Lawyer in Brooklyn • Personal Injury Lawyer in Queens • Personal Injury Lawyer in Staten Island • Personal Injury Lawyer in Nassau County
Primary Sources
New York Estates, Powers and Trusts Law § 5-4.1 • New York County Supreme Court • New York State Courts
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Case results depend on a variety of factors unique to each case.
Results may vary.