New York Wrongful Death Lawyer

 When a family loses a loved one because of negligence, choosing the right New York wrongful death lawyer is critical. Families across New York, including high-profile individuals who require proven results and complete discretion, turn to Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf because our attorneys consistently achieve some of the highest wrongful death verdicts and settlements in NYC.

Our results include a $272.5 million wrongful death settlement arising from the Tribeca crane collapse — believed to be the largest crane accident settlement in New York history. This outcome reflects the caliber of our crane accident attorneys and the reputation of our NYC wrongful death trial attorneys, who are regularly trusted to handle the most complex and catastrophic cases.

If you are searching for the best wrongful death lawyer in New York, a firm with a documented record of record-setting results, respected by judges, juries, and even other attorneys, our team has the experience, resources, and litigation skill to pursue full accountability against every negligent party. Call us at 212-943-1090 for a free consultation with a top-rated trial attorney.

Our wrongful death attorneys are the lead trial lawyers for the families of the victims of the Metro North Valhalla train crash

Following that landmark liability verdict, the case ultimately resolved in a settlement exceeding $182 million, providing compensation to the families of five passengers who were killed and dozens of others who were injured in the crash. Ben Rubinowitz and Richard Steigman served as lead trial attorneys during the liability phase, coordinating trial strategy across multiple plaintiffs and presenting the evidence that established Metro-North’s primary responsibility for the deadliest train accident in the railroad’s history.

Our firm recently filed a wrongful death complaint on behalf of the estate of Órla Ruth Baxendale, a 25-year-old dancer who tragically died from a severe allergic reaction to peanuts after eating a mislabeled cookie sold at Stew Leonard's. The complaint alleges gross negligence and reckless indifference by Stew Leonard's for failing to update the cookie's label despite being informed of the ingredient change. This tragic incident underscores the critical importance of accurate food labeling for consumer safety and our commitment to pursuing justice for wrongful death victims.

Our skilled attorneys were able to change the law to obtain justice for the grandmother of a 2-year-old girl who died after being hit by falling debris from a building located on the Upper West Side of Manhattan. The grandmother was taking a walk with her granddaughter. As they stopped and sat on a bench in front of a building, a portion of the façade fell 8 stories and crushed the child to death.

The grandmother suffered deep emotional distress but because, according to the law, she was not considered an "immediate" family member the Appellate Division ruled that she was not able to receive compensation for the harm she suffered while witnessing the death of her 2-year-old beloved granddaughter. Our attorneys, who are among the best in NY State, appealed the Appellate Division Decision to the State Court of Appeals who reversed the Decision and reinstated the grandmother's claim. A jury will now decide what the award should be for this tragic accident.

If your family has lost a loved one because of negligence, you may be dealing with grief, funeral arrangements, medical bills, insurance calls, and legal questions all at once. A New York wrongful death claim can help surviving family members recover certain financial losses, but the case must be handled carefully and within the required deadlines.

The most important first steps are to preserve evidence, gather records, avoid signing insurance documents too quickly, and determine who can act as the personal representative of the estate. Helpful records may include the death certificate, medical records, accident reports, witness information, employment records, tax returns, funeral bills, and any communications from insurance companies.

Families should also understand that New York wrongful death damages are based mainly on financial and practical losses, such as lost support, lost services, parental guidance, and certain expenses connected to the death. In some cases, a separate survival claim may also be available for the conscious pain and suffering the deceased person experienced before death.

Because every case depends on the facts, families should speak with an experienced wrongful death attorney before giving recorded statements, signing releases, or accepting a settlement.

When someone dies through the negligent act of another, a wrongful death claim can result. In a wrongful death case, the personal representative of the estate of a deceased person is authorized to file a lawsuit against those responsible for the person's death. A wrongful death case can arise from any type of personal injury case including medical malpractice, automobile accidents, construction accidents, airplane accidents and all other torts.

The death of a loved one is a profound and horrible event. We realize how important it is to provide our clients assistance with basic legal issues that arise after a death and how important it is that the wrongful death action be tenaciously prosecuted so that a full financial recovery can be obtained. The law in a wrongful death case in New York is multifaceted and our attorneys have both the experience and expertise to build a solid case against all negligent parties.

Wrongful death actions in New York are governed by The New York Estates, Powers and Trust Laws(EPTL). EPTL, Section 5-4.1 entitled "Action by personal representative for wrongful act, neglect or default causing death of decedent," gives the right to the legal representative of the estate to bring an action for wrongful death. The right to recover damages for wrongful death is governed by EPTL, Section 5-4.3 entitled "Amount of recovery." The statute is what is known as a pecuniary loss statute. This means that the legal representative of the decedent must prove pecuniary loss which includes loss of support for the decedent's next of kin as a result of the loss of the decedent's earnings. In the case of the death of a parent who leaves surviving a spouse and dependent children a claim may be made for the economic loss suffered by them. Economic loss is not limited to loss of earnings alone. Loss of services to the decedent's spouse as well as loss of parental care and guidance to the decedent's children may be claimed. In the case of the death of a child loss of services to the parents may be claimed. Since the statute is a pecuniary loss statute it is imperative that the attorney fully understand the restrictive nature of the Statute and meticulously prepare the case in order to fully set forth all economic loss so as to obtain the highest possible recovery. We therefore retain expert economists and financial analysts because every wrongful death case has its own set of associated losses, including lost wages, the cost of care, and many other monetary costs as well as pain and suffering. In order to accurately assess what these costs will be in the future, we use these financial professionals in order to derive the best possible resolution for our clients.

A wrongful death claim may be brought when a person dies because of another party’s wrongful act, neglect, or default. In New York, the claim is generally brought by the personal representative of the deceased person’s estate, not directly by each family member individually. The recovery is for the benefit of the decedent’s distributees, which may include close family members depending on the family structure and estate law.

New York wrongful death law is narrower than many families expect. In many states, surviving family members may be able to recover for grief, emotional suffering, or loss of companionship. New York’s wrongful death statute, however, focuses mainly on financial losses, also known as pecuniary injuries.

That means a successful case often depends on proving the economic value of what the deceased person provided and would have continued to provide. This can include income, benefits, household services, parental guidance, financial support, and certain expenses connected to the death. Because of this, wrongful death cases in New York often require careful proof of the person’s work history, family role, earnings, health, life expectancy, and the support they gave to loved ones.

One of the most difficult parts of a New York wrongful death case is that the law does not always measure loss the same way a grieving family experiences it. Families naturally think about love, companionship, emotional pain, and the irreplaceable relationship they lost. New York wrongful death law, however, places heavy emphasis on financial and practical losses.

For example, the value of a stay-at-home parent’s claim may not come from wages, but from the services, guidance, care, and support that parent provided to the household. The value of a retired person’s claim may depend less on future earnings and more on the support, services, and guidance that person provided to surviving family members. A child’s death presents different legal challenges because the future financial loss may be harder to measure.

These differences are why wrongful death cases require more than proving that someone died because of negligence. The case must also show how that death changed the financial and practical lives of the people left behind.

Under New York law, a wrongful death action is typically filed by the personal representative of the decedent’s estate. This may be the executor named in a will or an administrator appointed by the Surrogate’s Court if there is no will. Even though the personal representative files the lawsuit, any recovery is generally for the benefit of the decedent’s distributees.

New York wrongful death claims are generally subject to a two-year deadline from the date of death. Because related claims, estate issues, municipal defendants, medical malpractice issues, or other facts may affect the timeline, families should speak with an attorney as soon as possible after a fatal accident or act of negligence.

New York wrongful death damages focus largely on financial losses suffered by the decedent’s distributees. These may include loss of financial support, loss of services, loss of parental guidance, funeral expenses, and medical expenses related to the injury that caused death. In some cases, a separate survival claim may also be available for the conscious pain and suffering the decedent experienced before death.

A wrongful death case usually begins with an investigation into the cause of death, the parties responsible, available insurance coverage, and the financial impact on the family. The estate representative may need to be appointed before a lawsuit can be filed. The attorney then gathers evidence, consults experts when needed, calculates damages, negotiates with insurers or defendants, and, if necessary, files a lawsuit and prepares the case for trial.

Pecuniary loss is not limited to a paycheck. In a New York wrongful death case, attorneys may examine the full economic role the deceased person played in the family. This can include wages, employment benefits, health insurance, pension benefits, household work, childcare, elder care, guidance to children, and other services the family reasonably expected to receive.

In serious cases, attorneys may work with economists, vocational experts, medical experts, and family members to show the full impact of the death. The goal is to present a complete picture of what the family lost in practical and financial terms, not just a simple calculation of annual income.

Helpful evidence may include accident reports, medical records, autopsy findings, photographs or video, witness statements, employment and income records, tax returns, proof of household services, funeral bills, and documents showing the relationship between the decedent and surviving family members. The sooner this evidence is preserved, the stronger the case may be.

Wrongful death cases are emotionally difficult and legally complex. Families may be dealing with grief, estate issues, insurance companies, medical records, and strict filing deadlines at the same time. An experienced New York wrongful death attorney can help identify who may be responsible, protect the statute of limitations, work with the estate representative, calculate the family’s losses, and pursue the compensation allowed under New York law.

Our personal injury lawyer NYC firm's wrongful death lawyers have achieved settlements and verdicts that are among the largest in New York and New Jersey. Some notable results include:

• $272,500,000 settlement in the 2008 Tribeca crane collapse.
• A confidential but significant settlement in Joan Rivers wrongful death case. 
• The fire at Stouffer's Hotel in Westchester County. We represented the estates of 11 members of the Board of Directors of a Fortune 500 Company killed in the fire in this wrongful death case. The case settled for more than $50,000,000.
• $41,500,000 verdict for the family of a 43-year-old City sanitation worker who was fatally hit by a street sweeper. The worker suffered 2 to 3 minutes of agonizing pain before succumbing to his injuries.This was the highest wrongful death verdict listed in New York State in 2017.
• $26,000,000 settlement for the family of a 35 year old woman who was a pedestrian struck and killed by a truck on 6th Ave. in Manhattan. This is believed to be the largest settlement in the history of New York for the wrongful death of one individual.
• $12,500,000 verdict in this wrongful death case for the wife of a parking garage employee who fell from and was killed by a man lift while at work.
• $12,400,000 settlement for the wrongful death of a 40 year old woman and mother who died in a gas explosion that took place in her house in Queens, New York.
• $9,000,000 settlement for the wrongful death of a man who died at a hospital as a result of negligent post-operative care following colon resection surgery. $6,500,000 settlement for the wrongful death of a man killed in an explosion as a result of a defective propane tank.
• $8,000,000 Settlement In Wrongful Death Drunk Driver Case in which a 23 year old woman suffered injuries resulting in her death. She was survived by a 4 year child.
• $6,000,000 settlement in this wrongful death action for the family of a Westchester County man who was killed in an automobile accident when a drunk driver struck a stopped Police car resulting in an explosion and fire.
• $5,000,000 settlement in a wrongful death case in which a father was killed in an auto accident .
• $5,000,000 settlement in a this wrongful death case in which a bar permitted a man to continue to drink alcoholic beverages before he started driving. That man then drove while intoxicated, killing a father of two children.
• $5,000,000 recovery in New York County in a wrongful death case for the widow of a physician struck and killed by an N.Y.P.D. tow truck while he was riding his bike on the Green Way on the West Side when the truck made a right turn onto the path and crashed into him. The decedent was not wearing a helmet.
• $4,800,000 verdict for the wrongful death of an 8 year old child killed as the result of the negligence of a truck driver .
• $3,500,000 recovery in Suffolk County for the death of a DEA agent killed when the cesspool at his home collapsed.
• $3,025,000 verdict for the wrongful death of a woman in a New York Car/Bus Accident Affirmed By New York Appellate Division, Second Department.
• $2,975,000 settlement for the wrongful death of a New York construction worker who was killed when a 3000-pound concrete wall panel fell on him when the hoist securing the wall panel broke because it was insufficient to support the weight.
• $2,600,000 recovery for the death of a man struck by a car while sitting in a restaurant when the car crashed through the window.
• $2,200,000 settlement in a construction accident case on behalf for the death of a laborer in a construction accident.
• $1,000,000 settlement for the wrongful death of a delivery driver who died as the result of the medical malpractice of two cardiologists

Client Testimony

Our commitment to our clients is reflected in the testimonials we receive. One family shared their experience

"On behalf of our father, Mr. Benjamin Gandl, we would like to express our deepest gratitude to the esteemed Mr. Howard S. Hershenhorn, Counselor at Law, and Mr. Richard Soldano, Esq.

We take this opportunity to thank you for the tireless efforts you invested in the best interests of our dear father. Your expertise and devotion toward our father's case are tremendously appreciated by us, his sons and daughters. Even though no amount of money can truly compensate for the loss of our dear mother, Rachel, the funds you obtained for our father have brought a measure of comfort to the entire family.

Thank you again, and may Hashem bless you and yours with good health and happiness. In the merit of your kindness to families like ours in time of need, may Hashem grant you continued hatzlachah and brachah in everything you do.

Happy Purim!

Sincerely"​

This testimonial underscores our dedication to providing compassionate and dedicated legal representation, ensuring justice and support for our clients during their most challenging times.

If you lost a loved one as a result of an accident, medical malpractice or defective product, please contact our firm to discuss your case.

Disclaimer: Please be advised that the results achieved in any given case depend upon the exact facts and circumstances of that case. Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf cannot guarantee a specific result in any legal matter. Any testimonial or case result listed on this site is based on an actual legal case and represents the results achieved in that particular case, and does not constitute a guarantee, warranty or prediction of the outcome of any other legal matter.