Did you lose a family member because of another party’s negligence in New York? At Hurwitz, Whitcher & Molloy, we are wrongful death lawyers who pursue full recovery for families after a preventable loss.
If your family member died because of another party’s carelessness, you may be facing funeral costs, the loss of a household income, and calls from insurance companies while you are still making arrangements. New York law gives the family a claim, but it must be brought by a specific person and within a fixed time. Hurwitz, Whitcher & Molloy has represented injured people and their families since 1970. Our New York wrongful death lawyer explains who may file, what the law allows the family to recover, and how the claim will proceed. Contact our office to schedule a free consultation.
Wrongful Death Lawyer New York
Our New York wrongful death lawyer represents the family of a person whose death was caused by another party’s wrongful act, neglect, or default. In New York, the claim is brought by the personal representative of the estate on behalf of the surviving family members. It seeks compensation for the financial losses those family members suffered because of the death.
New York recorded 217 fatal work injuries in 2024, and BLS fatality data shows that transportation incidents caused 72 of them. Workplace deaths are one category. Fatal crashes, falls, and medical errors are other common wrongful death scenarios. Our New York wrongful death attorneys investigate the cause of the death and identify every party that bears legal responsibility.
Types of Wrongful Death Cases We Handle in New York
Any accident that can cause a serious injury can also cause a death. We represent families in claims arising from the events listed below. The types of cases our New York wrongful death attorneys handle include:
- Car accidents. Speeding, distraction, and impaired driving cause fatal collisions on New York roads. We obtain the police report, vehicle data, and witness statements to establish fault.
- Truck accidents. A collision with a commercial truck often involves the driver, the trucking company, and its insurer. Our attorneys examine driver logs, maintenance records, and company safety practices.
- Motorcycle accidents. Riders have little protection in a crash, and insurers frequently argue that the rider was at fault. Physical evidence from the scene is used to answer that argument.
- Pedestrian and bicycle accidents. Drivers who fail to yield at crosswalks and intersections cause fatal injuries to people on foot and on bicycles. Traffic camera footage and vehicle damage patterns help establish how the collision occurred.
- Construction accidents. Falls, collapses, and equipment failures kill workers on job sites. The family may have a claim against an owner or contractor in addition to workers’ compensation death benefits.
- Slip and fall accidents. A fall on unsafe property can be fatal, particularly for an older adult. We determine how long the hazard existed and whether the owner knew about it.
- Medical malpractice. Misdiagnosis, surgical errors, and medication mistakes can cause a patient’s death. These cases require review by a qualified physician, and a New York wrongful death attorney at our firm arranges that review early.
- On-the-job injuries. When an employee dies from a work injury, the family may be entitled to workers’ compensation death benefits. A wrongful death lawsuit may also exist against a party other than the employer.
- Dog attacks. An owner who fails to control a dangerous dog can be held responsible for a fatal attack. We investigate the animal’s history and any prior complaints.
Why Choose Hurwitz, Whitcher & Molloy as My Wrongful Death Lawyer in New York?
Personal Injury Practice Since 1986
Wrongful death claims at our firm are handled by Michael J. Whitcher, who concentrates his practice in personal injury and workers’ compensation. He was admitted to practice in New York in 1986 and joined Hurwitz, Whitcher & Molloy in 1992. Mr. Whitcher is a magna cum laude graduate of the State University of New York at Buffalo and holds a law degree from its School of Law. He belongs to the New York State Bar Association and its Torts, Insurance and Compensation Law Section.
A family should expect clear explanations and regular communication. Our personal injury lawyer in New York keeps clients informed at each stage of the case. We must also coordinate with the Surrogate’s Court, and we explain that process to the family before it begins.
No Attorney Fees Unless We Recover
Our New York wrongful death lawyers handle these cases on a contingency basis, so the family pays no attorney fees unless we recover compensation. The first consultation is free, and our firm has helped thousands of clients since 1970. Reach out to us now to reserve your appointment.
Understanding Wrongful Death Cases
Damages, Liability, and Compensation for Wrongful Death Cases
Liability requires proof that the defendant’s negligence or other wrongful conduct caused the death. If the person who died was partly at fault, New York’s comparative negligence rule reduces the damages by that share. A 2026 amendment set a stricter standard for certain motor vehicle cases, and we review whether it applies.
The damages statute limits a wrongful death recovery to pecuniary injuries, which means financial losses.
- Lost financial support. The family may recover the income and benefits the person would have provided.
- Lost services. The value of household work, childcare, and other services the person performed is recoverable.
- Loss of parental guidance. Children may recover for the loss of a parent’s care, guidance, and training.
- Lost inheritance. The family may recover the amount the person would likely have saved and left to heirs.
- Medical and funeral expenses. The statute allows recovery of medical expenses related to the fatal injury and reasonable funeral expenses.
- Interest. Interest is added to the award from the date of death.
The statute does not compensate family members for grief alone. A separate claim may be brought on behalf of the estate for the conscious pain and suffering the person experienced before death. Under the distribution rules, wrongful death compensation is divided among the eligible family members in proportion to their financial losses.
What Are Important Aspects of a Wrongful Death Case?
A wrongful death claim has procedural requirements that do not apply to other injury cases.
- Who may file. Only the personal representative of the estate may bring the action. If no one has been appointed, the Surrogate’s Court must appoint a representative first.
- The deadline. The statute of limitations requires the action to be filed within two years of the death.
- Claims against public entities. When a city, county, or other public corporation is responsible, a written notice of claim must be served within 90 days of the representative’s appointment.
- Who benefits. The recovery is exclusively for the benefit of the person’s distributees, who are typically a spouse and children.
- Court approval. A court must approve a wrongful death settlement before the funds are distributed.
What Is the Wrongful Death Case Timeline?
A wrongful death case often takes longer than an ordinary injury claim because the estate must have a representative before the lawsuit can be filed.
- Appointment of a representative. The Surrogate’s Court grants authority to an executor or administrator. Our New York wrongful death attorneys coordinate this step with the family.
- Investigation. We collect records, preserve physical evidence, and consult the specialists the case requires.
- Documentation of losses. Most wrongful death claims depend on proof of earnings, benefits, and the services the person provided, so we gather employment and household records.
- Demand and negotiation. Our attorneys present the claim to the responsible insurers and conduct the insurance negotiations.
- Lawsuit and approval. If no fair settlement is offered, we file suit within the two-year period. Any settlement or verdict then goes to the court for approval and distribution.
What Should You Bring to Your Wrongful Death Consultation?
You do not need a complete file to meet with us, but the documents below help us evaluate the claim sooner.
- A copy of the death certificate is useful if you have received it.
- Court papers appointing an executor or administrator should be brought if they exist.
- Police, accident, or incident reports help us identify the responsible parties.
- Medical records and bills from the final injury or illness document the cause of death.
- Funeral bills and the person’s recent tax returns or pay records support the financial losses.
The consultation is free, and our New York wrongful death attorney will explain who is entitled to file, which deadline applies, and what the next step should be.
Reach Out to Hurwitz, Whitcher & Molloy to Schedule a Consultation
At Hurwitz, Whitcher & Molloy we can review your family’s claim at no cost. You pay no attorney fees unless we recover compensation. Our phone line is answered 24 hours a day, and we will schedule the consultation at a time that works for your family. Contact us to speak with our New York wrongful death attorney.