New York City Wrongful Death Lawyer
- What Is a Wrongful Death Lawsuit?
- What Our Clients Say
- How Do I Know if I Have an NYC Wrongful Death Case?
- How Much Is a Wrongful Death Lawsuit Worth?
- What Types of Damages Are Included in Wrongful Death Claims?
- Get Advice From An Experienced Wrongful Death Lawyer
- FAQs About NYC Wrongful Death Claims
- How Long Does a Wrongful Death Lawsuit Take?
Have you lost a family member in a preventable accident in New York City? Get in touch with a New York wrongful death attorney at Proner & Proner to find out how they can help you get the justice you deserve.
The loss of a loved one, be it your spouse, child, or parent, can be utterly unbearable. If their death is a result of someone else’s negligence or carelessness, the victim’s family may seek compensation. During such a devastating time, the legal counsel of an experienced, compassionate wrongful death lawyer can help you secure maximum compensation for your loss.
At Proner & Proner, our NYC personal injury lawyers have been fighting for and protecting the rights of personal injury and wrongful death victims in Manhattan, the Bronx, Brooklyn, Queens, and Long Island for over five decades. We understand that money won’t bring back your loved one. But we are also aware that compensation can go a long way in filling the financial void.
Our reputable personal injury law firm in New York City has recovered over $400 million in settlements and verdicts for clients just like you. If you’ve lost your loved one and believe someone else is to blame for their death, contact us today to schedule your free, no-obligation case review. We will advise you regarding your legal options and the strength of your wrongful death claim in NYC.
What Is a Wrongful Death Lawsuit?
When someone dies due to the negligent acts of another person or entity, the decedent’s survivors can file a wrongful death lawsuit on their behalf.
This is a civil action intended to compensate the living family members — not the decedent. NYC courts typically factor in damages such as loss of emotional and financial support when arriving at a verdict.
NYC wrongful death claims can arise from all sorts of personal injury cases, including:
At Proner & Proner, our New York City wrongful death lawyers will examine your case comprehensively to find all possible types of damages available, giving you the time you need to focus on your emotional recovery.
What Our Clients Say
Here are some of our clients’ testimonial videos
How Do I Know if I Have an NYC Wrongful Death Case?
To receive compensation after the wrongful death of your loved one, you must prove that their loss of life was caused by another party’s negligence.
Your attorney must establish these five elements to have a valid claim:
- That the death of your loved one occurred
- That the actions of the defendant were negligent and contributed to the death
- Existence of a cause of action the deceased could have pursued in NYC courts had they lived
- That survivors are eligible for economic damages
- Existence of losses recoverable by the decedent’s estate
At Proner & Proner, our New York wrongful death lawyers can help you establish the elements of negligence, proving that the defendant breached their duty of care and caused the death of your family member.
How Much Is a Wrongful Death Lawsuit Worth?
The circumstances of all NYC wrongful death claims are unique. For this reason, it’s best to reach out to a lawyer to discuss the facts surrounding your case. An experienced attorney can help you determine how much your claim is worth.
Evidence is critical to any wrongful death claim. Proner & Proner will work with experts to determine what happened to your loved one — whether they were involved in a motorcycle accident, slipped and fell on someone’s property, or sustained any other type of injury at the hands of an irresponsible actor.
These experts may include:
- Private investigators
- Medical professionals
- Accident reconstructionists
- Financial planners
A number of variables come into play when determining compensation for a wrongful death claim in NYC, including:
- Your loved one’s age and life expectancy
- Your family member’s health
- The decedent’s salary, wages, and benefits during life
- Future expected earnings
- Dependent children and their ages
- The actions or omissions of the at-fault party
What Types of Damages Are Included in Wrongful Death Claims?
The damages your family may receive after the wrongful death of your loved one depends on multiple elements. When assessing the value of your claim, arriving at a fair figure requires legal advice from the top-rated lawyers.
Damages Recoverable in New York City
- Medical expenses incurred during the treatment of your loved one’s injuries
- Loss of financial support
- Loss of companionship
- Loss of guidance
- Loss of your loved one’s company
- Pain and suffering of the victim
- Your own emotional distress
- Burial and funeral costs
Our legal team will work with your family to fully understand the impact of your loss and push for the best outcome.
FAQs About NYC Wrongful Death Claims
Learn more about wrongful death claims in New York City by consulting answers to the frequently asked questions below.
NYC law allows the surviving spouse, children, and the decedent's parents to recover damages in a wrongful death claim. The personal representative of the deceased’s estate is also legally entitled to file a claim.
Yes. After the loss of your loved one, you may be entitled to pain and suffering damages in New York City. You may also recover compensation for the pain and suffering your loved one endured before they died.
To prove wrongful death in NYC, you must establish these four elements of negligence: duty of care, breach, causation, and damages. You and your lawyer must prove beyond a reasonable doubt that the defendant's negligence led to your family member’s death.
How Long Does a Wrongful Death Lawsuit Take?
Each personal injury and wrongful death claim in New York is unique.
The length of time it takes to resolve a wrongful death lawsuit depends on the type of case, the insurance carriers involved, the number of defendants, as well as the likelihood of going to trial.
If fault is clear and straightforward in a wrongful death case, the claim may be resolved without going to trial. Insurance companies usually try to avoid going to trial in most personal injury and wrongful death cases.
However, if the accused contests liability, your New York wrongful death attorney may have to take them to court and demand compensation for your losses. Litigation could take months or even years.
Even if your claim doesn’t go to trial, an out-of-court settlement may take time, especially because both sides must gather and analyze evidence to prove liability. This evidence may include:
- Police reports
- Medical records
- Eyewitness statements
- Surveillance footage
- Photos and videos from the scene
- Accident-related bills and receipts
Wrongful Death Statute of Limitations in New York
One thing to consider when filing a lawsuit is the wrongful death statute of limitations in New York. Remember, you have two years from the date of your loved one’s death to file a suit. Once this window closes, you’ll be barred from taking legal action in New York City.
Be wary of insurance companies that are slow to process your claim. They are hoping this window expires during that time.
In The Press
Even though the firm has successfully represented clients from five continents and over 30 jurisdictions, Proner & Proner serves New York personal injury clients in all five boroughs from our office in Midtown Manhattan.