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A construction wrongful death claim in New York arises when a worker is fatally injured due to another party’s negligence—such as a contractor’s failure to follow safety regulations or a property owner’s failure to maintain a safe job site. Surviving family members may pursue a wrongful death lawsuit to hold the responsible parties legally accountable.

Unlike workers’ compensation death benefits, which are limited and provided regardless of fault, a wrongful death claim allows the estate to pursue broader compensation from third parties whose negligence contributed to the fatal accident.

Without an experienced New York wrongful death lawyer from Friedman, Levy, Goldfarb, Green & Bagley, P.C.,  you risk undermining your chances of securing the full measure of justice and compensation that your family rightfully deserves.  Schedule a free consultation. We’re here to help.

What Is a Construction Wrongful Death Claim?

As noted above, a construction wrongful death claim is a legal action brought when a worker dies as a result of negligence or wrongful conduct on a construction site.

Unlike a personal injury claim—where the injured person seeks compensation—a wrongful death claim is filed by the personal representative of the deceased’s estate on behalf of surviving family members. The purpose of the claim is to recover compensation for economic losses, such as lost income and funeral expenses, as well as the loss of support and guidance suffered by the deceased’s beneficiaries.

Who Can File a Wrongful Death Lawsuit in New York?

In New York, only the personal representative of the deceased person’s estate is legally authorized to file a wrongful death lawsuit. This individual is typically appointed by the Surrogate’s Court and may be named in the deceased’s will or, if no will exists, selected according to New York’s intestacy laws.

While the personal representative files the claim, the lawsuit is brought on behalf of the deceased’s surviving family members, who may be entitled to compensation. These beneficiaries often include:

• Spouse
• Children
• Parents (if there is no spouse or child)
• Other dependents or next of kin, depending on the family structure and circumstances

Any damages awarded in the wrongful death case are distributed among the eligible family members based on their financial dependence on the deceased and the laws of intestate succession if there is no will.

How Negligence Plays a Role in These Cases

Negligence is often at the heart of wrongful death claims in construction settings, including:

• Failure to maintain a safe job site. Unsafe working conditions—such as unprotected edges, unstable scaffolding, or unmarked hazards—can result in deadly incidents.
• Inadequate training or supervision. Workers who are poorly trained or supervised are at a higher risk of serious or fatal accidents.
• Use of defective or poorly maintained equipment. Malfunctioning machinery or tools can cause catastrophic injuries, especially when safety checks and maintenance are ignored.
• Non-compliance with safety regulations. Ignoring OSHA guidelines or state-specific laws, such as New York Labor Law §§ 200, 240, and 241, dramatically increases the risk of fatal accidents.

Each of these failures may serve as the basis for a wrongful death claim if they directly contribute to a worker’s death.

What Are the Common Causes of Construction-Related Wrongful Deaths?

According to the Occupational Safety and Health Administration (OSHA), the top four deadly construction hazards, often referred to as the “Fatal Four,” account for most fatalities on construction sites:

• Falls: Falls, slips, and trips can occur from scaffolding, ladders, roofs, or unprotected edges. These accidents can result from missing fall protection equipment, a lack of guardrails, or unsafe work practices at height. In 2024, fall protection requirements were the most frequently cited OSHA violations.
• Struck-by incidents: Occur when a worker is struck by a moving object, such as vehicles, falling tools, or unsecured materials. Heavy machinery, cranes, and vehicles can present significant risks—especially when operators are inadequately trained, or the site lacks proper safety controls like barriers, signage, or designated walkways.
• Electrocutions: Workers face high risks when exposed to live wires, ungrounded electrical systems, or power tools with faulty wiring. These accidents are particularly dangerous in wet or confined environments, where the chance of a fatal shock increases.
• Caught-in/between accidents: These accidents occur when workers are trapped between equipment, structures, or materials. Trench collapses, rotating machinery (e.g., cement mixers), and unguarded equipment are common culprits, often worsened by inadequate safety planning or malfunctioning gear.

Each hazard reflects a broader issue of preventable risk on construction sites. When safety measures are ignored or neglected, the consequences can be fatal. Understanding these causes helps families and legal professionals assess whether a wrongful death claim is appropriate.

Who May Be Liable in a Construction Wrongful Death Case?

Determining liability is a critical step in every wrongful death claim. Because construction sites often involve multiple parties with overlapping responsibilities, more than one party or entity may be held legally accountable for a fatal accident:

In many construction wrongful death cases, determining all legally responsible parties requires a comprehensive investigation into the circumstances of the incident.

Because identifying and pursuing all viable claims under New York law can be complex, families often rely on an experienced wrongful death attorney in NYC to evaluate the facts, preserve evidence, and guide them through the legal process.

What Compensation Can Families Recover in Wrongful Death Lawsuits?

Surviving family members may be entitled to compensation for the following:

• Funeral and burial expenses: Reimbursement for the reasonable costs of funeral and burial services.
• Loss of income and financial support: Compensation for the wages and benefits the deceased would have provided to their dependents.
• Loss of Inheritance. Compensation for the reduction in the inheritance the decedent’s beneficiaries would likely have received had the deceased lived out their normal life expectancy.
• Loss of parental guidance and services: Compensation for the economic value of the decedent’s support, services, and parental guidance.

When calculating these damages, courts and insurance companies typically rely on expert testimony, financial records, and other documentation—along with the unique circumstances of the deceased’s life, earning potential, and family relationships—to determine the appropriate compensation.

What Is Required to Prove Negligence in a Wrongful Death Claim?

In a wrongful death case, the burden rests on the plaintiff and their attorney to prove that the fatal accident resulted from another party’s failure to exercise reasonable care. To succeed, they must present clear and convincing evidence supporting all four elements of negligence. The claim cannot proceed or result in compensation without substantiating each component.

The four elements of negligence are as follows:

1. Duty of Care: The defendant owed a duty to the deceased. This typically means maintaining a safe environment and following industry safety standards and regulations on a construction site.
2. Breach of Duty: The defendant breached that duty by ignoring safety protocols, e.g., failing to repair faulty equipment or neglecting proper oversight of workers or job site conditions.
3. Causation: The breach directly caused the fatal accident. It must be shown that the defendant’s actions (or failure to act) were the direct cause of the incident that led to the death.
4. Damages: The survivors suffered pecuniary (financial) losses as a result of the death.

Proving negligence in a fatal construction accident claim involves gathering detailed evidence, such as accident reports, witness statements, expert analysis, and safety records. This process can be complex, but it is critical to supporting a family’s pursuit of accountability and compensation.

Why Work with a Construction Wrongful Death Attorney

The emotional toll of a wrongful death incident is immeasurable, compounded by the financial burdens that often follow. Navigating the aftermath of a wrongful death is an overwhelming and emotionally taxing experience. During such a challenging time, having a skilled attorney by your side is not only beneficial but essential. 

Pursuing a wrongful death claim is an incredibly complex and time-consuming process. It involves intricate legal procedures, dealing with insurance companies, and presenting compelling evidence—all while you are trying to cope with overwhelming grief. The role of a wrongful death attorney is meant to alleviate these burdens and provide support throughout the legal journey. 

Contact Us Today: We’re Here to Help

With decades of experience handling these complex claims, our compassionate team at Friedman, Levy, Goldfarb, Green & Bagley, P.C. brings extensive knowledge to every case we take on. We have a proven track record of securing substantial settlements and verdicts, approaching each case with unwavering commitment and tenacity because we understand how much is at stake for you and your family. Schedule a free, no-obligation consultation today.

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The emotional toll of a wrongful death incident is immeasurable, compounded by the financial burdens that often follow. Navigating the aftermath of a wrongful death is an overwhelming and emotionally taxing experience. During such a challenging time, having a skilled attorney by your side is not only beneficial, but essential. 

Without an experienced New York wrongful death lawyer, you risk undermining your chances of securing the full measure of justice and compensation that your family rightfully deserves.  

What Constitutes a Wrongful Death? 

Losing a loved one is devastating under any circumstance, but when their death is caused by someone else’s negligence or wrongdoing, the pain is magnified by the knowledge that it could have been prevented. In legal terms, this is known as “wrongful death,” but to you, it is the tragic and untimely loss of someone irreplaceable. 

In New York, a wrongful death occurs when someone dies due to the legal fault of another person or entity—whether it is due to a car accident, medical malpractice, workplace accident, defective product, or any other preventable event. The right to file a wrongful death claim generally belongs to the surviving family members who have been directly affected by the loss.  

The Role of a Wrongful Death Attorney 

Pursuing a wrongful death claim is an incredibly complex and time-consuming process. It involves intricate legal procedures, dealing with insurance companies, and presenting compelling evidence—all while you are trying to cope with overwhelming grief. The role of a wrongful death attorney is meant to alleviate these burdens and provide support throughout the legal journey. 

Benefits of Hiring a Wrongful Death Attorney 

There are several compelling benefits to hiring a skilled wrongful death attorney to guide you through your case: 

Expertise in Wrongful Death Law 

Wrongful death cases are governed by specific laws that dictate who can file a claim, what damages can be sought, and strict deadlines that must be met. An experienced wrongful death attorney has in-depth knowledge of these legal nuances. They ensure that your claim is filed correctly and within the required time limits. 

Case Evaluation and Investigation 

In a wrongful death case, a thorough case evaluation and investigation are essential to building a strong claim. An attorney brings a trained eye to the facts of your case, discerning critical details that may not be immediately apparent. Our team is dedicated to uncovering every aspect, evaluating liability by identifying all potential defendants, and understanding their roles in the tragedy.  

An experienced attorney knows exactly what evidence is needed and how to gather it. At Friedman, Levy, Goldfarb, Green & Bagley, P.C, we systematically collect and review medical records, accident reports, and witness testimonials to make sure each piece of evidence supports your claim.  

But we do not stop there. We dig deeper by re-examining evidence and working with experts like medical professionals, accident reconstructionists, and forensic analysts. This thorough approach helps us uncover the full story and build a compelling case for you. 

Legal Strategy and Advocacy 

We also handle all communications with insurance companies and opposing counsel, protecting you from the stress of dealing with these entities during such a vulnerable time. Our team negotiates assertively, always striving to secure the maximum compensation for the harm endured. 

If your case goes to trial, your attorney represents you in court, presenting evidence, making strong arguments, and countering any challenges from the other side. We work diligently to build a compelling case that stands up to scrutiny and ensure your family’s voice is heard. 

Emotional and Legal Support 

Beyond just the legal side of things, an attorney can be a source of comfort and support. Knowing that someone is fighting for your family’s rights can bring a sense of relief and allow you to focus on healing and remembering your loved one. 

Contingency Fee Arrangements 

One of the most common concerns for families considering a wrongful death lawsuit is the cost of legal representation. At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we believe that financial concerns should never stand in the way of justice. That is why we work on a contingency fee basis. This means that you will not have to pay any upfront costs for our legal services. We only get paid if we win your case, either through a settlement or a court verdict.  

Securing Fair Compensation 

Our attorneys are skilled at calculating the full range of damages you may be entitled to, including both economic and non-economic losses. Wrongful death claims can provide compensation for a variety of losses, including: 

• Medical expenses related to the injury or illness that led to death. 

• Funeral and burial costs can be significant and unexpected. 

• Loss of income that the deceased would have provided to the family. 

• Loss of companionship and emotional support. 

• Pain and suffering experienced by the deceased prior to their passing. 

• Loss of inheritance that the family would have received had the deceased lived a full life. 

However, securing this compensation is rarely straightforward. Insurance companies often try to minimize the amount they pay out, but with Friedman, Levy, Goldfarb, Green & Bagley, P.C. by your side, you can rest assured that we will fight for every dollar your family deserves. We understand the tactics used by insurers to devalue claims, and we counter them with a robust, evidence-backed case that highlights the full impact of your loss. 

Choosing the Right Attorney 

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we know that selecting the right wrongful death attorney is one of the most critical decisions you will make during this challenging time. Experience is key—look for an attorney with a deep understanding of wrongful death cases. 

With decades of experience in handling these complex claims, our team brings this extensive knowledge to every case we take on. We have a proven track record of securing substantial settlements and verdicts, approaching each case with unwavering commitment and tenacity because we understand how much is at stake for you and your family. 

Client testimonials can also offer valuable insight into what it is like to work with an attorney. Positive feedback from past clients can give you a sense of an attorney’s communication style, empathy, and overall effectiveness. We encourage you to read our testimonials to see how we have helped others in situations like yours. 

When you choose us, you choose a team that puts your needs first from day one. During your initial consultation, we will listen to your story, discuss your case in detail, and clearly explain your legal options. We believe in full transparency, so you will always know where your case stands and what steps we are taking to move it forward. Our goal is to make this process as smooth and stress-free as possible for you. 

Contact Us to Discuss Your Case 

The role of a wrongful death attorney extends beyond merely handling legal paperwork; it involves providing support, protecting your rights, and managing the complex details of your case.  

We know that losing a loved one is an indescribable loss. While no legal action can bring them back, we can help hold those responsible accountable and provide a measure of justice and financial security for your family. 

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we represent wrongful death victims across New York City and its surrounding areas, including Manhattan, The Bronx, Brooklyn, Queens, Staten Island, and Long Island. Our reach extends to also extends to families in Westchester County, Rockland County, and Hudson Valley. 

Contact us today for a free consultation with a New York personal injury lawyer. 

Wrongful death arises from many causes, such as car, truck, or motorcycle accidents, defective products, medical malpractice, or slip and falls. When an injured victim passes away as a result of another party’s negligence, their surviving family members inevitably need time to grieve and adjust to their loss. However, contacting an attorney as soon as possible is wise.  

The attorneys at Manhattan’s Friedman, Levy, Goldfarb & Green understand the emotional and financial strain that the victim’s family will suffer when negligence causes the death of a beloved family member. We counsel families through their bereavement and aggressively pursue negligent parties on their behalf to recover the economic and punitive damages that are due to them to help them recover from a grievous loss. Schedule a free consultation today. 

What is Wrongful Death Suit? 

A wrongful death suit is a civil, not criminal, action taken when a person’s death is due to the negligence or intentional wrongdoing of another party. Unlike personal injury lawsuits, a wrongful death case arises because the injured person is no longer able to bring the claim to court; instead, another party must bring it on the decedent’s behalf. It is a way for the deceased’s family or estate to recover compensation for their losses and damages. 

Common Causes of Wrongful Death 

A wrongful death claim can arise can include but is not limited to the following:  

1. Medical malpractice: When a healthcare provider’s mistake leads to a patient’s death, it falls under medical malpractice. Examples include an error in treatment, a missed diagnosis, or surgical blunders. These cases focus on whether the healthcare provider’s actions fell short of the standard of care expected in the medical field. 

2. Automobile accidents: Car accidents are a leading cause of wrongful death cases, often caused by reckless, impaired, or distracted driving. 

3. Work-related or construction accidents: Workplace fatalities can occur due to unsafe conditions or a lack of proper safety measures, such as falls from scaffolding, accidents caused by defective machinery, or exposure to harmful substances. 

4. Defective products: Medications, toys, strollers, household items, or car parts can cause serious injuries or even death. Legal action in these situations targets the manufacturers or distributors for failing to ensure their products are safe. 

5. Slip and Falls: Slip and fall accidents can also lead to wrongful death, particularly in cases involving the elderly or those with pre-existing conditions. These accidents can occur in public spaces, private properties, or workplaces with hazards such as wet floors, uneven surfaces, or poor lighting.  

Who Can Sue For Wrongful Death In New York? 

Under New York law, only the personal representative of the decedent’s estate (often called the “executor”) is authorized to initiate a wrongful death lawsuit, explicitly stated under New York Estates, Powers, and Trusts Law (EPTL) § 5-4.1. The representative brings the claim on behalf of certain surviving family members, which typically include: 

• The decedent’s spouse 

• The decedent’s parents 

• The decedent’s children 

If there is no surviving spouse, parent, or child, another blood relative, such as a sibling, may potentially be eligible to recover compensation from a wrongful death claim. However, it’s important to note that only the appointed personal representative has the legal authority to file the lawsuit, regardless of their relationship to the deceased. 

Potential Damages in a Wrongful Death Claim 

No amount of money can truly make up for the pain of losing a loved one. However, the damages available in a wrongful death claim are meant to afford a sense of closure and ease the immediate and long-term burdens of the family. 

Damages in a wrongful death claim may include the following:  

• Medical Costs: Covers the bills for medical care your loved one received before they passed away. 

• Lost income and future lost income: Compensation for the wages and benefits your loved one would have earned. 

• The value of support and services the deceased would have provided to the family, such as parental nurturing, care, and guidance, as well as the surviving children’s lost inheritance. 

• Funeral and Burial Expenses: Reimbursement for the costs of a funeral, burial, or cremation. 

• Pain and Suffering: While family members cannot recover for their own grief or emotional suffering, New York law does allow for compensation for the pain and suffering experienced by the decedent before their death.  

A skilled New York wrongful death lawyer is an invaluable ally in this process. They will ensure that every potential form of compensation is carefully identified, calculated, and pursued. 

Wrongful Death Statute of Limitations in New York 

Every state has a statute of limitations specifying the time period you can bring a wrongful death claim. In New York, this period is generally two years from the date of the death. If you do not file within this period, you may lose your right to pursue legal action. 

There are some exceptions to this rule. For example, the statute of limitations for wrongful death due to medical malpractice is 2.5 years. We recommend consulting with our attorneys to ensure you understand and meet all applicable deadlines. 

How Long Do Wrongful Death Cases Take? 

The duration of a wrongful death case in New York can vary significantly based on several key factors, such as the complexity of the case, the amount of evidence required, and whether the case is settled or goes to trial. 

For example, some cases might be resolved within a few months, especially if resolved out of court during settlement negotiations. Others, however, can take years, particularly if the defendant denies liability or it proceeds to trial. An experienced wrongful death attorney will strive to move your case forward as efficiently as possible. 

Who Pays in a Wrongful Death Suit? 

In most cases, the at-fault party’s insurance company pays for damages. The defendant might be an impaired driver, physician, property owner, or a larger entity like a company or manufacturer. For instance, the doctor’s insurance would pay for damages in medical malpractice cases. In other situations, more than one party could be held responsible, meaning compensation might come from multiple sources. 

New York Grieving Families Act 

Senate Bill S74A, also known as the “Grieving Families Act” (GFA), would expand compensable damages in wrongful death actions. The GFA seeks to amend Paragraph (a) of Section 5-4.3 of the Estates, Powers, and Trusts Law.  

Here is what the proposed changes would entail: 

• Expanded Compensation: The GFA would broaden the types of damages families can claim, encompassing the grief and anguish of the surviving family that goes beyond what current laws cover. 

• Broadened Eligibility: If the decedent is an adult without children or a spouse, extended family members, such as a grandparent, will be allowed to pursue monetary damages. 

• Enhanced Support for Families:  The GFA would offer more comprehensive financial and emotional support, especially to those who were not the primary breadwinners with a “disproportionately negative impact on people of color, women, children, seniors and New Yorkers with disabilities.”  

Schedule a Free Consultation for a New York Wrongful Death Case 

If you have experienced the tragic loss of a loved one due to the negligence or wrongful action of another party in New York City—whether in Manhattan, The Bronx, Brooklyn, Queens, Staten Island, Long Island, or beyond to Westchester County, Rockland County, or the Hudson Valley—you need a fierce advocate who truly understands the weight of your grief and the complexity of wrongful death laws.  

Contact Friedman, Levy, Goldfarb, Green & Bagley, P.C. today to arrange a free, no-obligation consultation with a skilled and compassionate New York personal injury lawyer. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.

In New York, wrongful death claims are governed by the Estates, Powers, and Trusts Law (EPTL) § 5-4.1. This law allows certain individuals to file a lawsuit when someone dies due to the negligence or wrongful act of another party. The primary goal of such claims is to seek compensation for the financial and emotional impacts of the loss. 

It is important to note that the statute of limitations for filing a wrongful death claim in New York is generally two years from the date of death. This means the claim must be filed within this period to be considered valid. If the claim is not initiated within this timeframe, it may be barred by law, leaving survivors without legal recourse. Although uncommon, there are certain situations where you might be granted an extension for filing a wrongful death claim. 

Grasping these laws and collaborating with a skilled New York wrongful death lawyer can help you effectively manage the complexities of wrongful death claims and settlements. 

What Is the Average Settlement for Wrongful Death? 

It is hard to pin down an exact average for wrongful death settlements, as each case is unique. Settlements can range widely, from hundreds of thousands to millions of dollars, depending on various factors like the severity of the negligence and the specific damages involved. 

To get a clearer idea of what your wrongful death case might be worth, speak with an experienced attorney who can evaluate the specific details of your situation and provide a more accurate estimate. 

Possible Factors That Can Influence Settlement Amounts 

The amount of a wrongful death settlement in New York can vary significantly based on a range of factors. These factors determine the financial compensation that the surviving family members may receive, and they are often complex and require careful evaluation. Below are the key elements that can influence the settlement amount you can receive in a wrongful death claim. 

Economic Damages 

Economic damages are one of the primary components of a wrongful death settlement and are typically easier to quantify. These damages represent the financial losses directly resulting from the deceased’s death. They include: 

• Lost Income: This compensation covers the earnings and financial support your loved one would have provided to your family over time, considering factors such as their age, occupation, and expected career trajectory. 

• Medical Expenses: Coverage for the medical bills and care costs that accrued before your loved one’s passing. 

• Funeral and Burial Costs: The settlement also often includes reimbursement for the expenses associated with funeral and burial arrangements. 

Non-Economic Damages 

Non-economic damages are more challenging to quantify than economic damages because they involve intangible losses. However, they are no less critical in determining the settlement amount. Non-economic damages can include things like the physical and emotional suffering experienced by the deceased before succumbing to their injuries.  

Punitive Damages 

Punitive damages are not always available in wrongful death cases, but they can significantly increase the settlement amount when applicable. In New York, punitive damages are awarded only in cases where the defendant’s actions were particularly reckless, intentional, or egregious. 

For example, if the death resulted from gross negligence, such as a drunk driving accident or deliberate misconduct by a company, punitive damages might be pursued. These damages are awarded at the court’s discretion and can substantially raise the settlement amount. 

Insurance Companies 

Insurance companies often have a considerable influence on the final settlement amount. The defendant’s insurance policy limits can set the ceiling for the compensation available in many cases. If the liable party has limited insurance coverage, the settlement amount might be constrained by these limits, unless other assets can be pursued. 

Negotiating with insurance companies can be challenging, as they often seek to minimize payouts. An experienced attorney can push for a fair settlement by leveraging their knowledge of the law, past case precedents, and the full extent of the family’s losses. 

The Quality of Your Evidence 

Additionally, the strength and quality of the evidence presented is crucial in determining the settlement amount. Well-documented evidence, including medical records, witness testimonies, and expert opinions, can substantiate the claim and support a higher settlement. 

With Friedman, Levy, Goldfarb, Green & Bagley, P.C. on your side, you can trust that every aspect of your case will be thoroughly evaluated, ensuring that all relevant factors are considered to maximize your potential settlement. 

How Are Wrongful Death Settlements Paid Out? 

Wrongful death settlements can be paid out in a lump sum or structured payments over time, depending on the agreement reached between the parties involved. A lump sum payment provides the entire settlement amount at once, offering immediate financial relief. Structured settlements, on the other hand, distribute payments over a set period, which can be beneficial for managing long-term financial needs. 

The method of payout may also depend on the specific terms negotiated during the settlement process or any stipulations set by the court. 

Are Wrongful Death Settlements Taxable?  

Wrongful death settlements are generally not considered taxable income under federal law, meaning recipients do not have to pay taxes on the money they receive. That said, there can be exceptions in specific cases, such as when punitive damages or interest on the settlement are involved. 

How to Divide a Wrongful Death Settlement 

In New York, the distribution of a wrongful death settlement follows a specific order of priority as set forth by state law. This ensures that the compensation is allocated to those who were most directly impacted by the loss. 

The hierarchy of beneficiaries is as follows: 

• Spouse and Children: If the deceased leaves behind a spouse and children, the settlement is typically divided among them, with the spouse generally receiving the larger share. 

• Parents: If there is no spouse or children, the parents of the deceased may be the next in line to receive compensation. 

• Siblings or Extended Family: In cases where the deceased has no spouse, children, or parents, siblings or more distant relatives may be entitled to a share of the settlement. 

How a Law Firm Can Help 

Dealing with a wrongful death claim can be incredibly challenging, especially while you are still grieving the sudden loss of a loved one. Enlisting an experienced attorney can provide vital support to both the personal representative and surviving family members during this difficult time. 

A New York personal injury lawyer at our firm can handle your claim from start to finish. We begin with a thorough investigation into the circumstances surrounding your case, gathering all necessary documents and evidence, identifying all liable parties, and negotiating assertively with insurers on your behalf. 

Should your case proceed to litigation we will prepare a comprehensive case strategy, present compelling arguments, and ensure that the rights of the deceased’s estate and beneficiaries are upheld throughout the legal process.  

Our mission is to ensure you receive the full compensation you are entitled to. While we handle the legal aspects, you can focus on supporting your family and taking the time you need to heal. 

Contact Us for a Free Consultation 

If you have lost a loved one due to someone else’s negligent actions or willful disregard, we can help hold the responsible party accountable and recoup compensation for your suffering and losses. 

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we offer a free initial consultation, and you won’t pay any fees unless we recover compensation for you. We serve clients throughout New York City, including Manhattan, The Bronx, Brooklyn, Queens, Staten Island, Long Island, Westchester County, Rockland County, and Hudson Valley. 

Reach out to set up your consultation today. 

New York City Police swear an oath to protect and serve, which can sometimes require the use of force. When they cause wrongful death through the use of excessive force or other misconduct, they violate the law and the civil rights of their victims. These can be emotional and politically charged situations that require the help of an experienced NYC civil rights lawyer.

At Friedman, Levy, Goldfarb & Green, we fight for those who have lost loved ones who were in police custody. Justice must be pursued following a wrongful death by police. Pursuing paths for legal redress is not only crucial for the family but also society at large.

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Claims of Wrongful Death Against Police

Wrongful deaths at the hands of the police raise more complex legal questions than standard personal injury cases. Wrongful death in jail, whether caused by police brutality or some other mistreatment, may follow several paths. It can lead to both criminal and civil action, and it could end up in state or federal court.

Mistreatment by the police can violate state laws and infringe upon rights under the state and federal constitutions. Whether a victim’s family files a wrongful death lawsuit in state or federal court will depend on an analysis of the specific rights that were violated and the claims that will be alleged.

If an officer’s excessive use of force caused a private citizen’s death, the officer could be charged with homicide. Criminal cases have a higher burden of proof than civil cases. So, if the crime is first successfully prosecuted, the victim’s family members have an easier task when it comes to proving civil liability. However, criminal charges are not a legal requirement for a civil lawsuit. Therefore, those who have lost a loved one should explore their rights regardless of whether the officer faces prosecution.

A thorough investigation into a death at the hands of the police is critical. If you have lost a loved one who was in police custody, a New York wrongful death attorney may be able to help you understand what went wrong and what your legal options are.

The Basis for Wrongful Death Claims Against the Police

As state actors, police have duties that the average citizen is not bound by– so when they mistreat those in custody, the actions may violate the Constitution.

In most wrongful death claims, the surviving family may base their lawsuit on the defendant’s failure to exercise reasonable care. This means they acted negligently or recklessly, and those actions caused the death.

When the death was caused by a police officer, it may also signal a violation of Section 1983, which makes it illegal for anyone acting under the authority of the state to deprive someone of their federally guaranteed rights, including those arising under the United States Constitution. Wrongful death claims often raise constitutional violations based on improper actions like:

• Excessive use of force
• False arrest
• Malicious prosecution
• Failing to provide medical care to someone under police detention

Often these actions raise questions of cruel and unusual punishment, due process, unreasonable searches and seizures, and illegal discrimination based on a protected class. If you have questions about whether the actions of police or corrections officers were permissible, consider speaking with a lawyer to discuss what is considered police brutality.

No fee unless we win. Call today for a free no obligation consultation!

How to File a Wrongful Death Claim Against the NYPD

Claims against New York City, including those involving the NYPD, must follow special procedures. To preserve your rights, you must file a Notice of Claim with the City Comptroller. If you do not file a Notice within 90 days, your lawsuit can– and likely will– be dismissed.

In addition, there is a statute of limitations on a potential case. The statute of limitations for a claim against the city is shorter than in other cases. For state court cases, it runs in only one year and ninety days. The deadline for a federal lawsuit is different and based on the specifics of your claim. Again, if you miss this deadline, your case will likely be dismissed.

A successful claim could provide much-needed compensation for medical and funeral bills. It can also compensate the family for the victim’s pain and suffering and replace financial and other support that the deceased would have provided to the family. In addition, holding the authorities responsible for police misconduct benefits society by deterring similar wrongdoing.

Talk with an experienced civil rights attorney for a free consultation!

Schedule a Free Consultation with a Lawyer

If your loved one was the victim of fatal police brutality in NYC, there is no time to waste. You need to take action as soon as possible, or your right to pursue a claim could be diminished.

The civil rights and personal injury attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. fight for the rights of individuals throughout Manhattan, Long Island, the Bronx, and other parts of New York City. We are committed to holding the police accountable for misconduct. Call today to schedule a no-charge consultation to discuss your case.

Losing a loved one is always challenging, especially when their death is caused by another party’s negligence. The Westchester County wrongful death attorneys at Friedman, Levy, Goldfarb & Green understand how draining, emotionally and financially, this time is for our Westchester residents. Thankfully, the law does offer some recourse.

Survivors of the deceased have a right to pursue compensation from the negligent party, and an experienced Westchester wrongful death lawyer can help guide you. For example, your loved one might have passed away in a fatal car accident due to negligent driving or a botched medical procedure performed by a surgeon. We are experienced in all types of wrongful death claims and are here to fight for you.

Statute of Limitations

Like with most claims, there is a statute of limitations that sets forth a deadline. In New York, it is two years. It means that the wrongful death action must be brought within two years of the passing of your loved one. There are a few exceptions to this rule, but it’s best to reach out to an attorney as soon as possible.  

Legal Definition of Wrongful Death

How does the law define wrongful death? Under the pertinent New York statute, wrongful death is caused by another party’s wrongful or intentional act. The victim, had they survived, could have pursued a personal injury claim. For example, to succeed on a wrongful death claim resulting from a fatal car accident in Westchester, your lawyer has to prove that the other party’s negligence caused the fatality.

The next logical question is–who is eligible to bring a wrongful death lawsuit? In New York, just because you are family does not mean that you can file. The individual must also be the personal representative of the deceased person’s estate.

What Are the Damages That are Available?

Under New York law, you can recover the financial damages due to the loss of your loved one. These can consist of:

• Funeral expenses
• Medical expenses, if any, for the individual before their death.
• Compensation for the decedent’s lost wages on which the family members were dependent.
• Loss of support that the victim provided, e.g., care for elderly parents or child care
• Pain and suffering for the time they lived after the accident.

However, surviving family members cannot recover damages for the pain and suffering they experienced due to their loss. However, an important distinction is that surviving family members can recover for the pain and anguish suffered by the deceased from the instant the accident occurred until their demise.

A common yet unfortunate scenario is when the decedent was involved in a car accident and did not immediately succumb to their injuries. However, in the interim, they were in a great deal of pain. At Friedman, Levy, Goldfarb & Green, we are experienced in wrongful death claims, and we will fight for your rights and the rights of your deceased loved one.

Proving a wrongful death claim

First, your attorney will need to determine who can be held liable. In a claim stemming from a fatal car accident in Westchester, for example, you can sue the owner of the vehicle, driver and any other party whose negligence contributed to the accident. It may, for instance, be a  defective car part manufacturer. In the case of a negligent surgical procedure that resulted in a wrongful death, you would be able to sue the surgeon and the hospital.

Often the most important point of contention in a wrongful death case is negligence. This is where many wrongful death cases are won and lost. Proving negligence can hinge on many different issues depending on the underlying facts. In support of your wrongful death claim, you will also need different types of evidence, which can consist of:

• Certified copy of decedent’s death certificate.
• Police reports if any.
• Witness testimony.
• Medical Records and Autopsy Report of the decedent.

We are familiar with the rules of evidence in New York state and will determine what you will need to help your case. 

The Insurance Companies

Frequently many wrongful death claims are settled with the defendant’s insurance company. The insurance company might employ different arguments and strategies. For example, they may employ comparative negligence. New York is a comparative negligence state. Therefore, the amount of recovery is reduced depending on the plaintiff’s negligence. For example, if the deceased was 20% responsible, the amount recovered will be reduced proportionately.

Contact an experienced Westchester wrongful death lawyer for a Free Consultation

Attorneys at Friedman, Levy, Goldfarb & Green are Westchester County’s wrongful death lawyers of choice. We have over 50 years of experience helping our clients and proudly serve throughout the NYC metropolitan area, from Westchester to Long Island, from their main offices in Manhattan.

Our Westchester personal injury attorneys will meticulously review your case. Contact us today to schedule a free consultation with our experienced team. We work on a contingency fee basis, so there are no upfront legal fees.

When you lose a loved one, it is painful. However, it is exacerbated if they died because of the negligence of another person or entity. Nothing can be done to undo this tragedy, but the legal system does provide the victim’s loved ones with an opportunity to pursue financial compensation for their damages. Contact us at Friedman, Levy, Goldfarb & Green if this has happened to you. We are tireless advocates for our clients.

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Common Types of Wrongful Death Accidents

Many different scenarios may give rise to a wrongful death claim. Some of the more common include the following:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bus and taxi accidents
• Bicycle and pedestrian accidents
• Airplane or helicopter crashes
• Nursing home abuse or neglect
• Premises liability accidents such as slip and falls
• Construction accidents
• Workplace accidents
• Drownings
• Defective products
• Medical malpractice
• Animal attacks

How Do We Prove Our Case?

The burden of proof in a wrongful death claim is a preponderance of the evidence—meaning it was more likely than not to be true. Here are the four elements you must prove to establish negligence:

• The victim was owed a duty of care. Here are a few examples. If they were hurt while driving on the Long Island Expressway, a patron at a Food Bazaar Supermarket, a patient at a nursing home, or having a surgical procedure performed at Huntington Hospital.
• This duty of care was breached because the defendant acted in an unsafe manner. Examples of this include– include drunk driving, failing to clean up, block off, or warn patrons about a dangerous spill in the dairy aisle at a grocery store, failing to provide adequate nourishment for an elderly patient, or accidentally leaving a surgical instrument inside a patient.
• This breach caused an accident. Just because a carton of eggs spilled in the aisle at Food Bazaar Supermarket and remained for five hours– does not necessarily mean that the store is liable. Someone must have slipped and fallen due to the slippery surface. 
• The victim was injured– and ultimately died– due to this accident. Some drunk driving victims die at the scene of the crash, while others may survive for months before eventually succumbing to their injuries. Either way, the victim’s loved ones would have grounds to file a wrongful death lawsuit.

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Why Time is of the Essence

If your loved one dies due to the negligence or intentional actions of another person or entity, you and your family may feel as if your entire world has been turned upside-down. However, in New York, the statute of limitations for a wrongful death claim is two years. You must meet this deadline or risk forfeiting legal rights to this claim. However, there are some exceptions that an experienced Long Island wrongful death attorney may be able to identify– that could apply to your claim.

While two years may seem like a long time, our attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. advise that you act much sooner. First of all, depending on where the accident occurred and who was responsible for causing it, you may have less than two years. Second, the sooner your Long Island wrongful death lawyer can begin investigating and building your case, the better. Finally, the longer you wait, the more likely that crucial evidence will disappear.

A $6 Million Settlement

Our client watched her 49-year-old husband die due to medical malpractice. He had heart problems and was misdiagnosed by one doctor after another. Because of these misdiagnoses, he incurred a severe heart infection that included several complications. He ultimately died from a pulmonary embolism– nine months after the first misdiagnosis. We proved that the doctors’ negligence caused his death. As a result, we secured a $6 million settlement for the victim’s loved ones.

Schedule Your Free Case Review Today

If your loved one has died due to the negligence or wrongful actions of another party, call Friedman, Levy, Goldfarb, Green & Bagley, P.C. today to book a cost-free consultation with a Long Island personal injury lawyer. We will not collect any fees unless you win your case.

Few things are as tragic as the loss of a family member in an accident caused by someone else’s negligence. The survivor’s family can find themselves dealing with the emotional turmoil from a sudden fatality as well as the financial hardship from the loss of an accident victim’s income.  

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we help family members to recover their financial losses when another party’s negligence or intentional conduct causes a wrongful death. Families in Annandale, New Springville, and elsewhere in Staten Island should call our firm to speak with a Staten Island personal injury lawyer about their right and opportunity to collect damages through a wrongful death lawsuit.

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Common causes for wrongful death lawsuits

Survivors may have cause to receive compensation in a wrongful death lawsuit regardless of the circumstances that caused the fatality.

Those circumstances can include:

• Medical malpractice
• Car accidents or collisions between cars and pedestrians or bicyclists
• Intentional assault
• Construction accidents
• Neglect or mistreatment at elder care facilities and nursing homes
• Slip and fall accidents and other premises liability events
• Accidental or negligent discharge of firearms
• Mishaps at entertainment facilities, such as swimming pools and amusement parks
• Boating or airplane fatalities
• Excessive force by law enforcement authorities

A knowledgeable and experienced Staten Island wrongful death lawyer can answer your questions, including whether you might be able to collect compensation when a negligent or intentional act has caused the death of a family member.

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Close family members have a right to compensation in a wrongful death lawsuit

When you contact a wrongful death lawyer in Staten Island, they will ask about your relationship with the deceased. Damages in wrongful death lawsuits can only be recovered by the children, spouse, or parents or in limited circumstances by the siblings or cousins.

In New York State, the victim’s estate representative must initiate the lawsuit within two years. A court generally designates the estate representative when the victim’s will is filed for probate or an administration proceeding is commenced. Given the time required to start the process, the family should not hesitate to contact a wrongful death lawyer in Staten Island.

Wrongful death damages will ease the financial burden on the accident victim’s family

The damages that an accident victim’s family can recover through a wrongful death lawsuit will depend on the specific facts of each case.

With the representation of an experienced wrongful death attorney in Staten Island, families may recover compensation for:

• Funeral and burial expenses
• The accident victim’s pain and suffering
• Pre-fatality medical costs and expenses
• The accident victim’s lost future earnings
• The value of lost companionship and family support

A negligent party will generally refer all claims to a liability insurance carrier. They will attempt to settle for an amount that is far less than the victim’s survivors might recover through a wrongful death lawsuit. To recover the largest available damages award, the family and estate should always contact a wrongful death lawyer before speaking with any insurance company representatives or accepting insurance payments.

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Call us for a free consultation

Contact us at Friedman, Levy, Goldfarb, Green & Bagley, P.C., when one of your family members has succumbed to injuries from a negligent party in South Beach, New Springville, or anywhere else in Staten Island. Our wrongful death legal team will analyze your case and provide straightforward advice on your right and opportunity to collect damages through a wrongful death lawsuit.

If you retain our firm and we accept your case, we will fight to recover the largest available compensation to ease the financial burden that the sudden loss of a family member has imposed on you and your family

When a loved one dies, it is always devastating. And it can be especially traumatic if it results from another party’s negligent or intentional act. However, a wrongful death action could provide you with a measure of justice.

The financial recovery that comes with a successful wrongful death case cannot bring your loved one back, but it can provide you with the resources needed to deal with the loss.

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From funeral expenses to replacing the financial support you relied on, a Queens wrongful death attorney could help you recover the compensation you need. For compassionate legal advice regarding a wrongful death case, reach out to a Queens personal injury lawyer at Friedman, Levy, Goldfarb, Green & Bagley P.C. today.

Common factors in wrongful death cases

Any time a fatal injury results from another party’s careless, reckless, or intentional acts, a wrongful death case might be viable.

Some of the most common causes of wrongful death cases include:

• Car accidents
• Truck accidents
• Medical malpractice
• Assaults
• Slip and fall accidents
• Diving injuries
• Defective product injuries

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Who can file a wrongful death case in Queens?

Every state has its own approach to wrongful death lawsuits. There is no national standard on who has the right to file after the death of a family member. Many states give the right exclusively to the surviving spouse or children. Other states provide a formula to determine who is entitled to file a lawsuit. New York does not take either of these approaches.

In New York, only the personal representative is empowered to file a wrongful death lawsuit. They are typically named in the decedent’s will. If no one is named, the court will select a representative. The same is true in cases where a person dies without a will. When the court designates a representative, they often choose a family member likely to benefit from the estate.

The deadline to file a wrongful death lawsuit in Queens

The personal representative does not have unlimited time to bring a wrongful death lawsuit in Queens because of the statute of limitations. It is a formal deadline. If the personal representative files the lawsuit too late, the court is required to dismiss it under most circumstances.

Note that the statutory period can vary depending on the circumstances of a person’s passing. Typically, it expires precisely two years from the date of a person’s death. While this is the statutory period that applies in most negligence cases, there are exceptions. For example, in a medical malpractice case, the statute of limitations is extended to two and a half years. It could be extended further if a failure to diagnose cancer led to a patient’s death.

There is also an exception that applies to criminal cases. The facts that involve a wrongful death lawsuit often involve criminal acts as well. The state will typically pursue a criminal prosecution first. When this happens, the estate could have additional time from the date the criminal prosecution ends.

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Contact a wrongful death attorney in Queens for a free consultation

If your family member has passed away in a manner that could result in a wrongful death claim, now is the time to seek legal guidance. We are ready to serve as your family’s advocate and advise you on your rights along the way. Reach out to personal injury lawyers, Friedman, Levy, Goldfarb, Green & Bagley P. C. right away for your free consultation.

Accidents are a part of life, but some are very serious—even fatal. If a loved one dies due to the negligence of another person or entity, the personal representative of the victim’s estate may file a wrongful death lawsuit. In this way, they can recover financial compensation for the surviving loved ones of the victim. If this has happened to someone you love, contact us at Friedman, Levy, Goldfarb, Green & Bagley, P.C. for a free consultation.

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Common Types of Wrongful Death Accidents

Just as many different types of accidents may give rise to a personal injury claim, many kinds of accidents may result in wrongful death.

Here is a partial list:

• Car, truck, bus, motorcycle, or taxi accidents
• Bicycle or pedestrian accidents
• Plane and helicopter crashes
• Slip and fall accidents
• Medical malpractice
• Defective products
• Animal attacks
• Workplace accidents
• Harmful prescription or over-the-counter medications

Talk with an experienced personal injury attorney for a free consultation!

Damages That Wrongful Death Plaintiffs Can Pursue

The legal system cannot undo the accident or bring your loved one back to life, but it can compensate you and your family for losses associated with the victim’s death.

Examples of types of damages that a wrongful death attorney in the Bronx may help you pursue include:

• All medical costs incurred between the time of the accident and the individual’s death. Some wrongful death victims die immediately, such as in a plane crash. Others, however, may live for some time before ultimately succumbing to their injuries. In that interim period, there may be trips to the E.R., hospital stays, surgeries or procedures, imaging, or prescription medications that can be very expensive.
• The victim’s lost wages and benefits between the date of the accident and their death. If the victim was forced to miss weeks or even months of work, this amount can be substantial.
• Funeral and burial expenses
• The pain and suffering incurred by the victim between the accident and their death
• The victim’s mental anguish between the date of the accident and death
• Loss of inheritance for the children
• Loss of the financial support that the victim would have provided had they not died
• Loss of the financial value of the services that the victim would have provided, such as providing counsel or child care.

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Here is What You Need to Prove

To bring a successful wrongful death lawsuit, a Bronx wrongful death attorney will need to prove that the defendant was negligent, which includes the following elements:

• The defendant owed the victim a duty of care. For example, a surgeon from Jack D. Weiler Hospital in a medical malpractice case would owe their patient a duty of care, just as the bus driver owes a duty of care to everyone sharing the public roadways. 
• The defendant breached this duty of care. For example, a surgeon who operates on the wrong body part would be breaching this duty of care, just as a drunk driver traveling 110 miles per hour in a fatal accident on the Cross Bronx Expressway clearly would have breached their duty of care.
• This breach is what caused the victim’s accident. For example, no matter how slippery the floor was at Stop & Shop in the moments before the victim fell and hit their head, the fall must have been caused by this and not the victim’s clumsiness.
• The victim died as a result of this accident. In wrongful death cases, this element will typically be met.

Consulting with a Lawyer Can Make a Significant Difference

Wrongful death claims can be complex, particularly for grieving families. Therefore, we strongly recommend that you consult with an experienced Bronx personal injury lawyer as soon as possible. In this consultation, you will learn how this process works, understand your claim’s strengths and weaknesses and receive an estimate of how much it may be worth.

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Contact Us for a Free Consultation

For more than half a century, we have been zealously advocating for the families of wrongful death victims. If your loved one has been tragically killed due to the negligence of another person or entity, call us at Friedman, Levy, Goldfarb, Green & Bagley, P.C. 24 hours a day to schedule a zero-cost case review. You will never receive a bill from us unless you win your case.