Wrongful Death Attorney Long Island | Experienced NY Legal Representation

The unexpected loss of a loved one because of someone else’s negligence or wrongful act is one of the hardest things a family can go through. When a preventable death happens on Long Island through medical malpractice, a car crash, a workplace accident or other negligence, the family may be entitled to compensation through a wrongful death claim. At The Law Office of Jason Tenenbaum, P.C., we understand the emotional and financial strain families face, and we help them hold the responsible parties accountable.

Understanding Wrongful Death Law in New York

New York’s wrongful death statute lets a family recover when a loved one dies because of another party’s wrongful act, neglect or default. Unlike a personal injury claim, which the injured person brings, a wrongful death action is brought by the personal representative of the deceased person’s estate for the benefit of the family members the law calls distributees (EPTL 5-4.1(1)).

What Constitutes Wrongful Death

Under EPTL 5-4.1(1), a wrongful death action can be brought when:

• A “wrongful act, neglect or default” caused the death
• The defendant “would have been liable to the decedent by reason of such wrongful conduct if death had not ensued,” meaning the person who died could have sued for the injury
• The decedent is “survived by distributees”
• The action is brought by the personal representative within the time allowed

Common Causes of Wrongful Death on Long Island

Motor Vehicle Accidents

Fatal crashes on the Long Island Expressway, the Northern State Parkway, the Southern State Parkway and local roads can result from:

• Drunk driving: impaired drivers causing fatal collisions
• Distracted driving: texting and phone use behind the wheel
• Reckless driving: excessive speed and aggressive driving
• Truck crashes: commercial driver negligence and trucking company violations

Knowing how to choose a car accident attorney matters when a crash is fatal, because these cases combine personal injury and wrongful death law.

Medical Malpractice Deaths

Medical negligence can cause a patient’s death:

• Surgical errors: wrong-site surgery and anesthesia mistakes
• Misdiagnosis: failure to diagnose cancer, heart attack or stroke in time
• Medication errors: wrong drugs, wrong doses or dangerous interactions
• Birth injuries: negligence during labor and delivery

Workplace Accidents

Construction sites, manufacturing plants and other workplaces can be the scene of fatal accidents:

• Construction accidents: falls from heights, crane accidents, struck-by incidents
• Industrial accidents: machinery accidents, chemical exposures, explosions
• Third-party liability: equipment defects and contractor safety violations

In cases where workplace deaths occur, families may pursue both workers’ compensation claims and wrongful death lawsuits, depending on the circumstances of the incident. On a construction site, the claim against the owner and general contractor often runs through the Labor Law; see our page on construction accident claims.

New York’s Wrongful Death Statute

Who Can File a Wrongful Death Claim

Only the personal representative of the deceased person’s estate, “duly appointed in this state or any other jurisdiction,” can bring the wrongful death action (EPTL 5-4.1(1)). Family members do not sue in their own names.

Who Receives the Money

The damages “are exclusively for the benefit of the decedent’s distributees” (EPTL 5-4.4(a)). They are not divided by fixed intestacy percentages. Instead, they are “distributed by the personal representative to the persons entitled thereto in proportion to the pecuniary injuries suffered by them, such proportions to be determined after a hearing” by the court (EPTL 5-4.4(a)(1)). Where the decedent is survived by a spouse and parents but no children, the parents “will be deemed to be distributees for purposes of this section” (EPTL 5-4.4(a)).

Statute of Limitations

New York has a strict two-year statute of limitations for wrongful death claims, measured from the date of death. This time limit is firm, with very few exceptions, making it important to contact an experienced wrongful death attorney immediately. The deadline chart on our Long Island wrongful death practice page lists every clock that can apply, including the notice-of-claim rule for towns and counties.

The exception families most often need is in EPTL 5-4.1(2): “Whenever it is shown that a criminal action has been commenced against the same defendant with respect to the event or occurrence from which a claim under this section arises, the personal representative of the decedent shall have at least one year from the termination of the criminal action … in which to maintain an action, notwithstanding that the time in which to commence such action has already expired or has less than a year remaining.”

When a city, county, town or village is responsible, a notice of claim is required within 90 days, and in a wrongful death case the 90 days run “from the appointment of a representative of the decedent’s estate” (General Municipal Law § 50-e(1)(a)). The lawsuit must be commenced “within two years after the happening of the death” (General Municipal Law § 50-i(1)).

Understanding the first steps of an injury lawsuit is essential for wrongful death cases, as families must act quickly to preserve their legal rights.

Damages Available in Wrongful Death Cases

EPTL 5-4.3(a) allows “fair and just compensation for the pecuniary injuries resulting from the decedent’s death to the persons for whose benefit the action is brought.” New York does not allow recovery for grief: the Court of Appeals has said the statute has “denied recovery for grief, loss of society, affection, conjugal fellowship and consortium” (Gonzalez v New York City Housing Authority, 77 NY2d 663 [1991]). The Grieving Families Act, which would change that, is not law.

Pecuniary Losses

• Lost support: the income the decedent would have provided to the family
• Benefits: lost employment benefits, health insurance and retirement contributions
• Household services: the cost of replacing the services the decedent provided
• Guidance: the loss of a parent’s guidance, which the Court of Appeals treats as a pecuniary loss (Gonzalez)

Expenses and Interest

The “reasonable expenses of medical aid, nursing and attention incident to the injury causing death and the reasonable funeral expenses” paid by the distributees are recoverable, and interest runs from the date of death (EPTL 5-4.3(a)).

Punitive Damages

Punitive damages “may be awarded if such damages would have been recoverable had the decedent survived” (EPTL 5-4.3(b)).

The Estate’s Survival Claim

Separately, “no cause of action for injury to person or property is lost because of the death of the person in whose favor the cause of action existed” (EPTL 11-3.2(b)). The personal representative can bring the decedent’s own claim, including conscious pain and suffering before death, alongside the wrongful death action.

The Legal Process for Wrongful Death Claims

Pursuing a wrongful death claim while grieving is hard. Understanding how long a personal injury lawsuit takes helps families prepare, since wrongful death cases follow similar timelines with added steps, including appointment of the personal representative and the court’s allocation of the recovery.

Dealing with Insurance Companies

Wrongful death claims often involve hard negotiations with insurers. Learning how to handle insurers after an accident can help you protect your family’s interests, but do not try to negotiate a wrongful death settlement without a lawyer. When a wrongful death action is pending, the court must approve a compromise “after inquiry into the merits of the action and the amount of damages proposed” (EPTL 5-4.6(a)).

Why Choose The Law Office of Jason Tenenbaum, P.C.?

• Compassionate representation: we approach each case with sensitivity while pursuing full compensation
• Experience: we have handled wrongful death cases throughout Long Island
• Thorough investigation: we work with experts in accident reconstruction and medical analysis
• Personal attention: Attorney Jason Tenenbaum personally handles all major case aspects
• No upfront costs: we advance all case expenses and work on contingency

Steps to Take After a Wrongful Death

1. Secure important documents: the death certificate, medical records and employment information
2. Contact an experienced attorney: time limits are strict, so contact our office immediately
3. Preserve evidence: do not allow vehicles to be repaired or scenes cleaned up
4. Avoid insurance companies: let your attorney handle all communications
5. Document the financial impact: keep records of expenses and losses

Related Legal Resources

Families dealing with wrongful death situations may also find these resources helpful:

• What to Wear to Court in Long Island & New York: a guide to appearance in court
• What Happens if You Miss Court?: court procedures and requirements
• Personal Injury Lawyer Near Me: our personal injury practice
• Grieving Families Act explainer: why grief damages are still not recoverable in New York

Contact Our Wrongful Death Legal Team

If you have lost a loved one because of someone else’s negligence on Long Island, you do not have to face this alone. The Law Office of Jason Tenenbaum, P.C. provides compassionate, experienced legal representation while fighting for the compensation your family deserves.

Call us today at 516-750-0595 for a free, confidential consultation. We will review your case, explain your legal options, and help you understand the wrongful death claims process.

Our Nassau County and Suffolk County legal team is ready to stand by your side during this time, providing both the legal experience and the support you need to pursue justice for your loved one.

Remember, there are no upfront costs, and we only get paid when we successfully recover compensation for your family. Time limits for wrongful death claims are strict. Contact us today to protect your family’s rights.