Do You Have a Wrongful Death Case in New York?
A wrongful death claim can be filed in NY when a person dies due to another’s negligence, default, or wrongful act. Only the personal representative of the decedent’s estate may bring the claim on behalf of surviving family members.
To determine if you have a valid case in New York, the following elements must be present:
- A death caused by someone else’s negligence or wrongful conduct
- The existence of surviving distributees (next of kin) who suffered a loss
- The appointment of a personal representative for the decedent’s estate
- Recoverable damages under New York’s wrongful death statute
Our NYC wrongful death attorneys can evaluate your situation and guide you through every step of the legal process.
Common Wrongful Death Claims in NYC
At Hecht, Kleeger & Damashek, P.C., we’ve handled some of the most complex and tragic wrongful death cases across New York City. From Midtown construction sites to Brooklyn building collapes, fatal accidents can happen anywhere—and often result from negligence. Below are some of the most common scenarios that lead to wrongful death claims in NYC:
Fatal Car Crashes
New York City streets are congested and fast-paced. Fatal auto crashes often involve speeding, distracted driving, or impaired drivers. Whether the accident happened on the FDR Drive or a residential street in Queens, families may have grounds for a claim if another driver’s negligence caused the death.
Fatal Truck Accidents
Commercial trucks in NYC pose a significant hazard, especially on routes like the Cross Bronx Expressway or BQE. When truck drivers or companies fail to follow federal safety regulations, the consequences are often deadly. We pursue accountability for victims of these catastrophic crashes.
Work Accidents
Employees across NYC, from warehouse staff to delivery drivers, are sometimes exposed to unsafe working conditions. When employers or third parties fail to follow labor laws, families may have a wrongful death claim under New York Labor Law and OSHA standards.
Construction Accidents
Construction is a cornerstone of NYC’s economy but also one of its deadliest industries. Falls from scaffolds, falling objects, or equipment failures often result in worker fatalities. HKD is a leader in litigating construction-related wrongful deaths throughout all five boroughs.
Pedestrian Accidents
New York is a city of walkers. Unfortunately, pedestrian fatalities in areas like Manhattan, SoHo, and along busy intersections are common. Negligent drivers who ignore traffic signals or fail to yield can be held accountable for these senseless tragedies.
Premises Liability Accidents
Landlords and property owners in NYC have a duty to maintain safe conditions. When someone dies due to a fall, fire, or collapse in a poorly maintained building, the responsible parties may face a wrongful death lawsuit under New York premises liability law.<
NYC Slip, Trip & Falls
In icy winters and poorly maintained lobbies or sidewalks, slip and fall injuries can become fatal particularly for the elderly. Property owners in NYC must promptly address known hazards or face legal consequences if a fatal fall occurs.
Defective Products / Product Liability
From faulty elevators in Manhattan high-rises to dangerous consumer goods, defective products can result in fatal injuries. We pursue product claims against manufacturers, distributors, and retailers who allow unsafe items into New York’s marketplace.
Medical Malpractice
Wrongful deaths due to misdiagnosis, surgical errors, or medical negligence occur even in some of NYC’s top medical facilities. If a healthcare provider failed to meet the standard of care, families may be entitled to pursue compensation.
Nursing Home Neglect & Abuse
Nursing homes across NYC, from Staten Island to the Bronx, must provide proper care and supervision. When staff neglect, abuse, or fail to treat medical conditions, vulnerable residents can suffer fatal consequences. We help families hold these facilities accountable.
How to Prove Wrongful Death in New York
To learn more about your legal rights after a tragic loss, contact us or call 212-292-4339 to schedule a free consultation with an NYC wrongful death attorney. Our law firm is located in Midtown Manhattan and serves clients in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and all across New York City.
What Can a Wrongful Death Lawyer Do to Help?
While no legal outcome can undo the pain, a skilled NYC wrongful death attorney can help you seek justice, financial relief, and accountability. At Hecht, Kleeger & Damashek, P.C., we guide families through every stage of the process with compassion and legal precision.
- Investigate the Cause of Death – We begin with a comprehensive investigation, gathering police reports, witness statements, medical records, and expert testimony to identify liable parties and build a strong foundation for your claim.
- Validate and File the Claim—Our attorneys assess whether your case meets New York’s legal requirements under EPTL §5-4.1 and ensure all necessary documentation is filed correctly and on time.
- Negotiate with Insurance – We handle all communications with insurers and opposing counsel, fighting for a settlement that reflects your family’s emotional and economic losses.
- Take Your Case to Court – We are fully prepared to litigate if negotiations fall short. Our trial attorneys have secured millions in verdicts and settlements across NYC for wrongful death victims.
- Provide Emotional and Legal Support – HKD is more than just your legal counsel—we’re your advocates. We walk beside you, providing support during one of the hardest times of your life while pursuing justice that honors your loved one’s memory.
Notable Wrongful Death Results from HKD
- $7.625 Million – Asbestos Exposure Death
- $2.5 Million – Construction Fatality
- $1 Million – Workplace Explosion
- $925,000 – Severe Burn Injuries
Case Results
Compensation arising from a wrongful death claim will vary depending on the specific facts of the case. To learn more about the potential value of your claim and how much compensation you may receive as a surviving spouse, parent, or child, contact us right away.
