Wrongful Death Lawyer Nassau County, NY

A wrongful death claim arises when a person’s death is caused by the negligence, recklessness, or intentional misconduct of another party. In Nassau County, New York, these claims are governed by the New York Estates, Powers and Trusts Law (E.P.T.L.) and must be filed within a specific statutory period. The loss of a family member brings grief and financial strain, and pursuing a civil action can feel overwhelming. Mr. Sris and the firm’s Of Counsel attorneys concentrate on helping families in Nassau County navigate the legal process after a fatal accident. Law Offices Of SRIS, P.C. has a New York location and represents clients in matters before the Nassau County Supreme Court and other tribunals. For a consultation about a potential wrongful death case, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Last reviewed: July 2026

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What Wrongful Death Claims Mean in Nassau County, New York

In New York, a wrongful death action is created by statute. Under N.Y. E.P.T.L. § 5-4.1, the personal representative of a decedent’s estate may bring a lawsuit when the death results from another’s wrongful act, neglect, or default. The claim seeks to recover damages for the benefit of the decedent’s distributees — typically surviving spouses, children, and other close family members. The Nassau County Supreme Court, located in Mineola, is the venue for most wrongful death cases arising in communities such as Garden City, Hempstead, Long Beach, Valley Stream, Hicksville, Levittown, Freeport, Rockville Centre, Glen Cove, Oyster Bay, Great Neck, Massapequa, and Syosset.

New York applies a pure comparative fault standard. Even if the decedent bears some responsibility for the incident, the family’s recovery is reduced by the decedent’s percentage of fault but is not entirely barred. The damages recoverable in a wrongful death claim include medical and funeral expenses, lost wages and benefits the decedent would have earned, loss of support and services, loss of parental guidance, and conscious pain and suffering experienced before death. There is no statutory cap on compensatory damages in New York. However, if the potential defendant is a municipal entity (such as a county department, town, or public agency), a notice of claim must be served within 90 days of the death, a shorter deadline that requires prompt attention. Contacting a wrongful death lawyer soon after a tragedy helps protect the estate’s ability to pursue all available avenues of recovery.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Wrongful Death Cases

Every wrongful death case begins with a thorough investigation. Mr. Sris and the firm’s Of Counsel attorneys work with accident reconstruction professionals and medical experts to identify contributing causes and responsible parties. Whether the death resulted from a motor vehicle collision on the Long Island Expressway, a construction site incident, a defective product, or unsafe premises, the legal team collects and preserves evidence, reviews applicable insurance policies, and evaluates the full economic and non-economic impact on surviving family members. The firm’s New York location serves clients throughout Nassau County and the surrounding region.

Before filing a complaint in the Nassau County Supreme Court, Mr. Sris and the firm’s Of Counsel attorneys often engage with insurance carriers and defense counsel to explore whether a fair settlement can be reached without litigation. If a trial becomes necessary, the attorneys present the case through witness testimony, experienced attorney analysis, and documentary evidence. The goal is to obtain a recovery that addresses the family’s past and future losses. Because each case is different, timelines and strategies are tailored to the circumstances; the court’s calendar and the complexity of the matter influence how long a case takes. Families are kept informed throughout the process, and every decision is made with the aim of achieving a favorable outcome.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is a former prosecutor and 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 multi-state practice includes concentration in personal injury and wrongful death litigation, giving him a broad perspective on how different jurisdictions approach these claims.

The firm’s Of Counsel attorneys bring additional depth to wrongful death matters. They are independent, non-employee lawyers who work alongside Mr. Sris on complex civil cases. Together, Mr. Sris and the firm’s Of Counsel attorneys provide representation informed by decades of courtroom experience and familiarity with the procedural demands of New York’s court system. For a confidential discussion about a potential wrongful death claim in Nassau County, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Frequently Asked Questions

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

A wrongful death action in New York must be brought within two years from the date of the decedent’s death, as set out in N.Y. E.P.T.L. § 5-4.1. Because the limitations period can be affected by factors such as the appointment of a personal representative, it is important to consult an attorney promptly. Missing the deadline generally bars the claim entirely. Law Offices Of SRIS, P.C. can review your timeline and help you take the necessary steps.

Who can file a wrongful death lawsuit in New York?

The personal representative of the decedent’s estate — usually named in a will or appointed by the Surrogate’s Court — is the party authorized to bring a wrongful death lawsuit in New York. The representative sues on behalf of the decedent’s distributees, who are typically the surviving spouse, children, or other close relatives. If no personal representative has been appointed, the family may petition the Surrogate’s Court to open an estate and designate one. An experienced wrongful death lawyer can assist with this procedural step while investigating the underlying claim.

What damages are recoverable in a Nassau County wrongful death case?

Recoverable damages in a New York wrongful death case can include medical and funeral expenses, lost wages and benefits, loss of parental guidance and support, and conscious pain and suffering the decedent experienced before death. Economic losses are calculated using expert testimony about the decedent’s earning capacity and life expectancy. New York does not cap compensatory damages. Punitive damages are available only in rare cases of egregious misconduct. Each family’s losses are unique, and the firm works with financial and medical professionals to document the full extent of the harm.

Do I need a lawyer for a wrongful death claim in Nassau County?

New York law does not require you to hire a lawyer to file a wrongful death claim, but having experienced counsel helps protect your family’s interests. Wrongful death cases involve strict deadlines, complex insurance issues, and the need to present expert testimony on damages. An attorney can handle court filings, gather evidence, negotiate with insurers, and advocate for fair compensation. Mr. Sris and the firm’s Of Counsel attorneys are available to discuss your situation at (888) 437-7747.

How does comparative fault affect a wrongful death case in New York?

New York’s pure comparative fault rule (N.Y. C.P.L.R. § 1411) reduces the recovery in a wrongful death case by the decedent’s percentage of fault but does not bar recovery even if the decedent was mostly responsible. For example, if the decedent was 30 percent at fault in a motor vehicle accident, the estate’s recovery is reduced by 30 percent. Insurance companies frequently raise comparative fault arguments to limit payouts. Mr. Sris and the firm’s Of Counsel attorneys evaluate all contributing factors and challenge unfounded claims of comparative negligence.

What should I bring to a consultation with a wrongful death attorney?

Gather any available police accident reports, medical records, autopsy reports, the death certificate, insurance policy information, and photographs or video from the scene. Also bring a list of witnesses and any correspondence with insurers. If a personal representative has been appointed, bring the letters of administration. Having these items at the initial meeting allows the attorney to assess the viability of the claim quickly. To arrange a consultation with Law Offices Of SRIS, P.C., call (888) 437-7747.

For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

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