Wrongful Death Lawyer New York County, NY
The death of a loved one under circumstances that could have been prevented is a heavy burden. When a fatal accident, medical mistake, or other negligent act occurs, New York law permits the decedent’s estate to bring a civil claim for wrongful death. In New York County, these actions are heard in the New York County Supreme Court, a trial court of general jurisdiction that handles unlimited-dollar claims. The court sits at 60 Centre Street, in the heart of downtown Manhattan, near City Hall and the Centre Street courts complex. The firm’s clients come from every corner of the borough: Midtown, Lower Manhattan, the Upper East and West Sides, Harlem, Greenwich Village, Tribeca, Chelsea, and every neighborhood in between. Law Offices Of SRIS, P.C. is a multi-state firm that concentrates its practice on complex civil litigation, including wrongful death actions arising from motor vehicle collisions, premises hazards, construction accidents, defective products, and medical negligence. Mr. Sris, Owner and Founder of the firm, and his Of Counsel bring over 120 years of combined legal experience to bear on behalf of grieving families. Results may vary. Because New York’s wrongful death statute of limitations requires suit to be filed within two years of the date of death, it is critical to act promptly. To speak with an attorney about a potential wrongful death case in New York County, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Wrongful Death Means in New York County (Manhattan), NY
A wrongful death claim arises when a person dies because of another party’s negligence, recklessness, or intentional act. The cause of action belongs to the decedent’s personal representative, who sues for the benefit of the distributees—surviving spouse, children, or other statutory heirs. Damages may include the fair and just compensation for pecuniary injuries resulting from the death, such as loss of support, loss of services, funeral expenses, medical costs incurred before death, and loss of parental guidance. New York imposes no cap on compensatory damages in wrongful death cases. Under the state’s pure comparative fault rule (CPLR Article 14-A), any recovery may be reduced by the percentage of fault attributable to the decedent, but a plaintiff may still recover even if the decedent was more than half at fault.
In New York County, wrongful death actions are commenced in the New York County Supreme Court, located at 60 Centre Street, New York, NY 10007. The court conducts preliminary conferences, compliance conferences, and, if necessary, jury trials. The surrounding area is well-known: City Hall, Chinatown, Tribeca, and Wall Street are all within a few blocks. The courthouse is accessible by every subway line, PATH, and numerous bus routes. Law Offices Of SRIS, P.C. represents clients from across Manhattan, and its attorneys are familiar with the procedural customs and calendaring practices of the New York County Supreme Court.
A wrongful death action in New York must be commenced within two years from the date of death.
Source: N.Y. E.P.T.L. § 5-4.1. N.Y. Estates, Powers and Trusts Law § 5-4.1
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
New York County Supreme Court Court hours: Mon-Fri 9:00AM-5:00PM. Counsel appearing on wrongful death matters should plan filings accordingly.
How Mr. Sris and His Of Counsel Handle Wrongful Death Cases
Mr. Sris and his Of Counsel begin each wrongful death matter with an intensive factual investigation. They review police reports, medical records, employment records, and any available video or photographic evidence. When a fatal motor vehicle collision, a construction-site accident, or a premises-safety failure is at issue, the team often retains accident reconstruction attorney, engineers, or safety-code consultants. This early evidence-gathering step is crucial because memories fade and physical evidence can disappear. The firm also compiles the financial documentation necessary to prove the economic losses sustained by the surviving family members, including lost future earnings, loss of household services, and the expenses of medical care and funeral arrangements.
Once the factual record is developed, the attorneys present a demand to the responsible parties and their insurers. Many wrongful death cases are resolved through negotiation, mediation, or arbitration without the need for a trial. If a fair settlement cannot be reached, the firm is prepared to litigate the case in the New York County Supreme Court. Mr. Sris and his Of Counsel handle every stage of litigation, from the filing of the summons and complaint through discovery, motion practice, and, if necessary, jury trial. Throughout the process, they maintain close communication with the family, ensuring that the representatives of the estate understand each step and are able to make informed decisions. The timeline of any given case depends on its complexity, the number of parties, and the court’s calendar.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He began practicing law in 1997 and is a former prosecutor. That prosecutorial background gives him a distinctive perspective in civil litigation—he understands how adversarial parties build cases and knows the evidentiary standards courts apply. Mr. Sris is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York, enabling the firm to handle multi-jurisdictional issues that can arise in wrongful death cases, such as cross-state vehicle collisions or defendants with assets in multiple states. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris is supported by a team of Of Counsel attorneys, each of whom is an experienced litigator. Because the firm has no associate or junior attorneys, every case benefits from the involvement of seasoned practitioners. The combined legal experience of Mr. Sris and his Of Counsel exceeds 120 years. This depth of experience allows the firm to handle wrongful death matters efficiently, while avoiding the over-delegation that can occur in larger-volume practices. The team works collaboratively, drawing on collective knowledge to develop the strategy that best matches the facts of the case. The firm’s attorneys have documented 4,739+ case results across all practice areas since 1997. Results may vary.
Frequently Asked Questions
Who can bring a wrongful death claim in New York?
A wrongful death claim may be brought only by the personal representative of the decedent’s estate, who sues for the benefit of the surviving spouse, children, or other statutory distributees. The personal representative is often named in the decedent’s will or appointed by the Surrogate’s Court. The representative litigates on behalf of those who would inherit under the intestacy laws. If you are unsure who holds that authority, the attorneys at Law Offices Of SRIS, P.C. can help clarify the proper party and guide you through the appointment process if necessary.
How long do I have to file a wrongful death case in New York County?
The deadline to file a wrongful death lawsuit in New York is two years from the date of death, as set forth in N.Y. E.P.T.L. § 5-4.1. If the claim is not filed within that period, the court will dismiss it regardless of its merits. Certain narrow exceptions may apply—for example, when the death resulted from a latent toxic exposure—but reliance on an exception is risky. Because evidence must be preserved and witness recollections are freshest soon after the event, you should contact a wrongful death attorney as soon as possible to protect your rights.
What damages are recoverable in a New York wrongful death case?
Recoverable damages include economic losses such as the loss of the decedent’s expected earnings, loss of benefits like pensions and insurance, loss of inheritance, and the reasonable funeral and medical expenses. New York also permits recovery for the loss of parental guidance, nurture, and care that the children would have received. The law does not cap compensatory damages. Pain and suffering of the decedent before death may be recovered through a related survival action, which is typically brought alongside the wrongful death claim.
Do I need a lawyer to handle a wrongful death claim in Manhattan?
You are not legally required to hire a lawyer, but a wrongful death claim involves intricate procedural rules, strict evidentiary standards, and active insurance company representation. An attorney familiar with the New York County Supreme Court’s practices can help you navigate the process, gather and present evidence, retain the necessary expert witnesses, and negotiate from a position of strength. Law Offices Of SRIS, P.C. has experience in all facets of wrongful death litigation and can explain your options during a consultation.
How long does a wrongful death lawsuit take in New York County?
The timeline of a wrongful death case varies widely depending on its complexity, the number of defendants, the extent of discovery, and the court’s calendar. Some cases settle within a year; others may require two or three years if they proceed to trial. The attorneys at the firm work to advance the case efficiently while ensuring that every detail is thoroughly prepared. They keep clients informed of scheduling developments as the matter progresses and are always available to discuss the status of the case.
How does pure comparative fault affect a wrongful death claim in New York?
New York follows a pure comparative fault system under CPLR Article 14-A, which means the amount of damages recoverable is reduced by the percentage of fault attributed to the decedent. Even if the decedent was more than 50 percent at fault, the plaintiff may still recover, but the award will be proportionally reduced. For example, if a jury determines total damages of one million dollars but finds the decedent 30 percent at fault, the recovery would be seven hundred thousand dollars. The attorneys at Law Offices Of SRIS, P.C. Carefully investigate all contributing factors to preserve the maximum recovery.
Related pages:
Brooklyn Personal Injury Lawyer |
Queens Personal Injury Lawyer |
Long Island Personal Injury Lawyer
This page references New York statutes and court procedures. For further research, consult the following official sources:
New York County Supreme Court – 60 Centre Street |
New York State Legislature – Laws of New York |
N.Y. E.P.T.L. (Estates, Powers and Trusts Law)
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.
? 1997-2026 Law Offices Of SRIS, P.C.