Grief follows no schedule, but legal deadlines do. Families across New York City often face the difficult reality that pursuing accountability for a preventable death requires timely action during an already painful period.
A NYC wrongful death attorney serves as an advocate and guide, handling much of the legal process so you can focus on supporting your family. From investigating the circumstances of your loved one’s death to negotiating with insurance companies and presenting the case in court, an attorney protects your rights during a challenging time for your family.
If your family has lost someone due to another party's negligence, contact Washor Kool Sosa Maiorana & Schwartz, LLP for a free consultation to discuss your options.
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Key Takeaways About Hiring a Wrongful Death Attorney
- A wrongful death attorney investigates the circumstances surrounding your loved one's death, gathers evidence, identifies liable parties, and handles the legal procedures involved in pursuing the claim while keeping you informed and involved in key decisions.
- New York law requires wrongful death claims to be filed within two years of the death, making early consultation with legal counsel important for protecting your family's rights.
- Attorneys work with medical professionals, economists, and other specialists to build a case that accurately reflects your family's financial losses.
- Most wrongful death attorneys work on contingency, meaning families pay no upfront fees and owe nothing unless there is a financial recovery.
- Legal representation allows grieving families to focus on healing while their attorney manages negotiations, court filings, and communication with opposing parties.
How Washor Kool Sosa Maiorana & Schwartz, LLP Supports Families Through Wrongful Death Claims
The attorneys at Washor Kool Sosa Maiorana & Schwartz, LLP have represented grieving families in Manhattan, Brooklyn, Queens, the Bronx, and throughout New York and New Jersey for more than 60 years. The firm has recovered over $1 billion in verdicts and settlements for clients, including families who lost loved ones to medical negligence, vehicle collisions, construction site hazards, and other preventable circumstances.
What Sets This Firm Apart
Wrongful death cases at Washor Kool Sosa Maiorana & Schwartz, LLP are overseen by experienced partners who focus on serious injury and death claims. The firm operates on a contingency fee basis, so families pay no attorney fees unless there is a financial recovery. Legal services are available in English, Spanish, Portuguese, and Chinese, serving communities throughout the New York metropolitan area.
What Does a Wrongful Death Attorney Actually Do
Pursuing accountability after a death caused by negligence involves numerous time-consuming and resource-intensive legal steps. A wrongful death attorney takes on these responsibilities so grieving family members do not have to navigate the system alone.
Conducting a Thorough Investigation
The foundation of any wrongful death case rests on a detailed investigation into what happened and why. Your attorney reviews police reports, medical records, autopsy findings, and witness statements to piece together the facts.
In cases involving vehicle accidents, construction sites, or workplace incidents, attorneys may work with accident reconstruction professionals to understand exactly how the fatal event occurred.
Attorneys act quickly to preserve evidence that might otherwise disappear. Surveillance footage gets deleted, accident scenes get cleaned up, and witnesses relocate. An experienced wrongful death attorney in New York knows what evidence matters and how to secure it before it becomes unavailable.
Identifying All Responsible Parties
Figuring out who is legally responsible for a death is not always simple. In many cases, more than one party may share blame. Your attorney looks closely at whether multiple people or companies played a role in what happened. For example, a fatal trucking accident could involve the driver, the trucking company, a maintenance provider, or even the manufacturer of a defective part.
Identifying every potentially responsible party can increase the total compensation available. Each party may have insurance coverage or assets that can contribute to a settlement or court award. In addition, wrongful death cases must follow strict legal procedures, and even small mistakes can harm the claim.
Handling Legal Procedures and Deadlines
New York law imposes strict requirements on wrongful death claims. Under Estates, Powers and Trusts Law (EPTL) Section 5-4.1, only the personal representative of the deceased person's estate may file a wrongful death lawsuit, and the claim must be filed within two years of the death in most circumstances. Claims against government entities require a Notice of Claim within 90 days.
Your attorney handles these procedural requirements, including opening the estate through Surrogate's Court if necessary and filing all required legal documents on time. Missing a deadline may permanently bar your family from pursuing compensation.
Why Families Benefit from Legal Representation During This Time
Grief makes everyday life harder. Simple tasks can take much more effort, and handling legal matters may feel impossible. A wrongful death attorney provides practical help, not just representation in court.
Managing Communication with Insurance Companies
Insurance companies typically act to protect their own financial interests. Claims adjusters may reach out to family members shortly after a death, asking questions or requesting recorded statements. Without legal guidance, families may unknowingly say something or accept an early settlement that limits their ability to pursue full compensation.
Your attorney handles all communication with insurance companies, protecting you from tactics designed to reduce the value of your claim. When settlement negotiations begin, your lawyer advocates for compensation that reflects your family's actual losses rather than accepting an inadequate early offer.
Calculating the Full Value of Your Claim
New York's wrongful death statute limits recovery to pecuniary (financial) losses suffered by the deceased person's distributees. Calculating these losses requires more than adding up current expenses.
An experienced wrongful death attorney in NYC works with economists and financial professionals to calculate the full scope of financial losses, including projected future support supported by evidence and expert analysis.
The types of pecuniary losses that may be recoverable under New York law include:
- Loss of financial support the deceased would have contributed to dependents
- Loss of household services, childcare, and domestic contributions
- Loss of parental guidance and nurturing for surviving children
- Medical expenses incurred in treating the injury that caused death
- Funeral and burial expenses
Each category requires documentation and analysis to present accurately. Your attorney gathers this evidence and works with appropriate professionals to place a reasonable value on each element of your claim.
Providing Emotional Distance from Legal Battles
Pursuing a wrongful death claim means confronting painful details about how your loved one died. Court documents, depositions, and expert reports contain graphic information that families find difficult to review repeatedly. Having an attorney serve as the primary point of contact for this material provides emotional protection during an already devastating time.
Your lawyer reads the reports, attends the depositions, and filters information so you receive updates without unnecessary exposure to traumatic details. This buffer allows you to participate in important decisions while preserving some distance from the most painful aspects of litigation.
What Happens During a Wrongful Death Lawsuit in New York
Understanding the general timeline and stages of a wrongful death case helps families know what to expect. While every case follows its own path, most claims progress through predictable phases.
Opening the Estate
Before a wrongful death lawsuit may proceed, someone must be appointed as personal representative of the deceased person's estate. This typically involves filing paperwork with Surrogate's Court. If your loved one left a will naming an executor, that person may serve as personal representative. If no will exists, the court appoints an administrator. Your wrongful death attorney can guide you through this process and assist with the required filings.
Discovery and Case Building
After the lawsuit is filed, both sides exchange information through a process called discovery. This includes written questions, document requests, and depositions where witnesses answer questions under oath. Your attorney uses discovery to strengthen your case by obtaining information from the defendant that supports your claims.
During this phase, your lawyer may retain the following professionals to support your case:
- Medical professionals who review records and provide opinions about the cause of death
- Accident reconstruction specialists who analyze physical evidence from the scene
- Economists who calculate lost income and the value of lost services
- Vocational rehabilitation professionals who assess future earning capacity
These professionals provide testimony that helps prove both liability and the extent of your damages.
Settlement Negotiations or Trial
Many wrongful death cases resolve through settlement negotiations without proceeding to trial. Your attorney negotiates with the defendant's representatives, using the evidence gathered during investigation and discovery to advocate for fair compensation. If negotiations fail to produce an acceptable offer, your case proceeds to trial, where a jury hears the evidence and renders a verdict.
Your wrongful death attorney in New York prepares your case for trial from the beginning, even while pursuing settlement. This preparation strengthens your negotiating position because defendants know you have the evidence and willingness to present your case in court.
What Questions Should You Ask When Choosing a Wrongful Death Attorney
Selecting the right attorney matters. The person you choose to represent your family affects not only the outcome of your case but also your experience throughout the legal process. Not every lawyer handles wrongful death claims, and experience in this specific area of law makes a difference in how your case is investigated, valued, and presented.
Before hiring a wrongful death lawyer, consider asking these questions during your initial consultation:
- How many wrongful death cases have you handled in New York
- What is your approach to investigating the circumstances of a death
- How do you communicate with clients throughout the case
- What is your fee structure, and when do fees become payable
- Who in your firm handles the day-to-day work on cases like mine
The answers reveal whether an attorney has the experience, resources, and communication style that fit your family's needs. Trust your instincts about whether you feel comfortable with the person who represents you during this difficult time.
FAQs for Wrongful Death Attorneys
Who can file a wrongful death lawsuit in New York?
Only the personal representative of the deceased person’s estate may file a wrongful death lawsuit under New York law. This person may be an executor named in a will or an administrator appointed by the Surrogate’s Court if no will exists. Even though one person files the case, it is brought on behalf of eligible family members who suffered financial losses.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim seeks compensation for the financial losses suffered by surviving family members. A survival action, which may be brought alongside a wrongful death claim, seeks damages the deceased person could have recovered had they lived, such as conscious pain and suffering before death.
Who receives money from a wrongful death settlement or verdict in New York?
The personal representative receives funds on behalf of the estate, and the Surrogate's Court oversees distribution to the deceased person's distributees based on their respective pecuniary losses. Surviving spouses, children, and sometimes parents may receive distributions depending on family circumstances.
What if the deceased was partially at fault for the accident?
New York follows a pure comparative negligence rule. If the deceased person was partially responsible, compensation may still be available, but the recovery may be reduced by the percentage of fault attributed to them. An attorney works to minimize any unfair assignment of blame.
What if the person responsible for the death also faces criminal charges?
Criminal prosecutions and wrongful death lawsuits proceed separately. Civil cases require only a preponderance of the evidence (more likely than not), a lower standard than the proof beyond a reasonable doubt required in criminal cases. Families may pursue wrongful death claims regardless of whether criminal charges are filed or result in conviction.
Take the First Step by Contacting a Wrongful Death Attorney Today
Losing a loved one causes deep pain, and no legal claim can reverse that loss. A wrongful death lawsuit can, however, hold the responsible party accountable and provide financial support for surviving family members. Many wrongful deaths arise from preventable negligence, including unintentional injuries that continue to rank among the leading causes of death nationwide.
Washor Kool Sosa Maiorana & Schwartz, LLP has more than 60 years of experience representing families in wrongful death matters throughout New York City, Long Island, Westchester, and New Jersey. The firm offers free consultations and works on a contingency fee basis, meaning no legal fee is owed unless there is a recovery.
Under New York law, most families have two years from the date of death to file a wrongful death claim, and prompt investigation helps preserve evidence. Contact us today to speak with a wrongful death attorney experienced in handling complex claims with care and professionalism.