New York City Wrongful Death Lawyer

April 8, 2025
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New York City Wrongful Death Lawyer

New York City Wrongful Death Lawyer – Fighting for Justice, Securing Your Future

Losing a loved one due to someone else’s negligence is one of the most heartbreaking experiences anyone can face. The pain is unbearable, the loss feels immeasurable, and the financial strain only adds to the distress. Whether it’s a fatal car crash, medical malpractice, or a workplace accident, wrongful death leaves families devastated, searching for answers and justice. If you’re looking for a New York City wrongful death lawyer, you need someone who understands both the legal battle ahead and the emotional toll it takes on your family.

At MB Injury Lawyer, we are here to stand by your side. Our wrongful death attorneys from New York City fight aggressively to secure the justice and wrongful death compensation you and your family deserve. We bring years of experience, a deep understanding of wrongful death cases, and a commitment to ensuring negligent parties are held accountable.

Book a consultation now, and let us help you recover your compensation with confidence and clarity.

What to Do Immediately After a Wrongful Death Incident in New York City? 

Experiencing the sudden loss of a loved one due to negligence is overwhelming. While no action can undo the tragedy, taking the right steps immediately can protect your legal rights and strengthen your wrongful death case in New York City. Knowing what to do next ensures your family has the best chance of securing wrongful death compensation for medical expenses, lost income, and emotional suffering.

1. Contact Law Enforcement Immediately

Always call 911 to report the incident. A police report serves as crucial evidence in wrongful death lawsuits and can help prove liability. For workplace accidents, notify OSHA or the relevant safety authorities.

2. Preserve All Evidence

Gather any available photos, videos, witness statements, or documents related to the incident. These details can be critical in proving wrongful death damages in court.

3. Obtain the Death Certificate

A death certificate is essential when filing wrongful death claims. It provides legal documentation of the cause of death and is required for insurance claims, estate settlements, and lawsuits.

4. Avoid Speaking to Insurance Companies Alone

Insurance companies may try to minimize payouts. Before discussing settlements, consult a New York City wrongful death lawyer who can negotiate on your behalf.

5. Consult an Experienced Wrongful Death Attorney

If you’re looking for a wrongful death lawyer near me, our team at MB Injury Lawyer is here to guide you. A skilled wrongful death attorney in New York City can assess your case, determine liability, and fight for the compensation your family deserves.

What Are the Most Common Causes of Wrongful Death in New York City? 

Understanding the common causes of wrongful death cases in New York City can help grieving families recognize their rights and pursue justice. While no two incidents are alike, some causes are more prevalent than others, often leading to significant loss and heartache. Suppose you’ve lost a loved one under similar circumstances. In that case, a New York City wrongful death lawyer can help you navigate the legal process to ensure you receive the wrongful death settlement you deserve.

1. Car Accidents

Car accidents are one of the leading causes of wrongful death in New York City. Distracted driving, speeding, and driving under the influence often result in tragic fatalities. According to the New York City Department of Transportation, in 2023 alone, there were over 200 traffic-related fatalities. If you’ve lost a loved one in a car crash, consulting with NYC accident lawyers can help you seek justice.

2. Medical Malpractice

Medical negligence can have devastating consequences. Common forms of wrongful death in healthcare include surgical errors, misdiagnosis, or prescription mistakes. A wrongful death lawyer in New York City specializing in medical malpractice can help determine whether negligence was the cause of death and guide you through filing a claim.

3. Workplace Accidents

Construction accidents, slips, and falls are among the most frequent workplace incidents that lead to wrongful death lawsuits in New York City. In 2022, construction fatalities in the city accounted for 22% of all workplace deaths. If your loved one was killed in a workplace accident, our New York City wrongful death attorneys can assist in filing a claim for wrongful death damages.

4. Defective Products

Products that malfunction or are defectively designed can lead to fatal injuries. Whether it’s a faulty vehicle part or a defective household appliance, manufacturers can be held responsible for the wrongful death caused by their products.

5. Criminal Actions

Homicides or other criminal actions are often considered wrongful death cases. While criminal cases pursue justice on behalf of the state, a wrongful death attorney in New York City can file a civil suit to secure compensation for the victim’s family.

What Compensation Can You Recover in a Wrongful Death Case in New York City? 

Losing a loved one is emotionally and financially devastating. While no amount of money can replace your loss, seeking wrongful death compensation can ease the financial burden and provide justice. A New York City wrongful death lawyer can help you pursue the full extent of damages you’re entitled to under New York law.

1. Medical Expenses

If your loved one received medical treatment before passing, you may recover compensation for hospital bills, emergency care, and ongoing treatment costs related to the wrongful death case in New York City.

2. Funeral and Burial Costs

Funeral and burial expenses can be overwhelming. A wrongful death lawsuit can help recover these costs, ensuring you don’t bear the financial strain of laying your loved one to rest.

3. Lost Income and Benefits

Families often depend on the deceased’s income. Compensation may include lost wages, future earnings, and benefits such as health insurance or retirement contributions.

4. Pain and Suffering

Surviving family members may receive damages for the emotional distress caused by the loss. A wrongful death attorney in New York City can help quantify this impact.

5. Loss of Companionship

Spouses, children, and parents may be eligible for compensation due to the loss of love, guidance, and support from their loved one.

6. Punitive Damages (In Certain Cases)

If gross negligence or misconduct led to the death, New York courts may award punitive damages to punish the responsible party and deter future negligence.

If you’re looking for a wrongful death lawyer near me, our team at MB Injury Lawyer is here to fight for your rights. 

Who Can File a Wrongful Death Claim in New York City?

In New York, only the personal representative of the deceased’s estate can file wrongful death claims on behalf of surviving family members. Unlike some states, New York does not allow spouses, children, or parents to file directly. However, the compensation recovered benefits the deceased’s dependents, including spouses, children, and other heirs.

A New York City wrongful death lawyer can help ensure that the claim is filed correctly within the legal timeframe. If you’re looking for a wrongful death lawyer near me, our team at MB Injury Lawyer is here to provide expert guidance on filing wrongful death lawsuits and securing the wrongful death settlement your family deserves.

How Long Do You Have to File a Wrongful Death Lawsuit in New York City?

In New York, the statute of limitations for wrongful death lawsuits is two years from the date of death (NY Est. Powers & Trusts Law § 5-4.1). This means the deceased’s personal representative must file the claim within this period, or the case may be dismissed.

Exceptions may apply, such as in cases involving medical malpractice or criminal homicide. A New York City wrongful death lawyer can help determine the exact deadline for your case. If you’re looking for a wrongful death lawyer near me, MB Injury Lawyer is here to ensure your wrongful death case in New York City is filed on time and handled with care.

What Is the Difference Between a Criminal Homicide Case and a Wrongful Death Lawsuit?

A criminal homicide case is prosecuted by the state to punish the offender, and if convicted, the defendant may face prison time or fines. However, it does not provide financial relief to the victim’s family.

A wrongful death lawsuit, on the other hand, is a civil case filed by the deceased’s estate to recover wrongful death compensation for medical bills, lost income, and emotional suffering. Unlike criminal cases, wrongful death claims do not require proof “beyond a reasonable doubt” but instead rely on a “preponderance of the evidence.” A New York City wrongful death lawyer can help families pursue justice even if no criminal charges are filed.

Different Types of Wrongful Death Cases Our Lawyers Handle 

Wrongful deaths can occur in various ways, often leaving families devastated and searching for justice. At MB Injury Lawyer, our New York City wrongful death attorneys have extensive experience handling complex wrongful death cases, ensuring families receive the wrongful death compensation they deserve. If you’re looking for a wrongful death lawyer near me, our team is here to help you hold the responsible parties accountable.

Some of the most common wrongful death claims we handle include:

  • Motor Vehicle Accidents – Fatal crashes involving cars, trucks, motorcycles, and pedestrians often result in wrongful death lawsuits. In 2023, traffic-related fatalities in NYC exceeded 200 cases, according to the NYC Department of Transportation.
  • Medical Malpractice – Surgical errors, misdiagnosis, and negligence can lead to wrongful death damages for grieving families.
  • Workplace Accidents – Construction site falls, equipment failures, and industrial hazards contribute to numerous fatalities each year.
  • Defective Products – Manufacturing defects or dangerous consumer products can cause fatal injuries, leading to wrongful death settlements.
  • Nursing Home Abuse – Neglect, medical errors, or physical abuse in elder care facilities can tragically result in wrongful death cases in New York City.

If your loved one’s death resulted from negligence, our wrongful death lawyers in New York City are here to fight for justice. 

How to Book a FREE Consultation With Our Wrongful Death Lawyers in New York City? 

If you have lost a loved one due to negligence, speaking with a New York City wrongful death lawyer can help you understand your legal options. Our experienced wrongful death attorneys from New York City are here to guide you through the process, ensuring your family receives the wrongful death compensation you deserve.

Booking a free consultation is simple. Call us at (347) 639-0349 to discuss your case, or visit our website to complete our online form. Our team will review your wrongful death case in New York City and provide the legal support you need during this difficult time.

What Can Our Wrongful Death Lawyers Do for You? 

Losing a loved one due to negligence is devastating, and the legal process can feel overwhelming. That’s where our New York City wrongful death lawyers step in. We handle every aspect of your case, so you can focus on healing while we fight for the wrongful death compensation you deserve.

1. Conduct a Thorough Case Investigation

We gather critical evidence, including accident reports, medical records, and witness statements, to build a strong wrongful death lawsuit on your behalf.

2. Determine Liability

Proving negligence is key in wrongful death claims. Our experienced wrongful death attorneys from New York City identify all responsible parties, whether it’s a reckless driver, negligent doctor, or a defective product manufacturer.

3. Calculate Full Compensation

We assess economic and non-economic losses, ensuring you receive maximum wrongful death damages for lost income, medical expenses, and emotional suffering.

4. Handle All Legal Paperwork

Filing a wrongful death case in New York City requires strict legal procedures. Our team ensures everything is submitted accurately and on time.

5. Negotiate with Insurance Companies

Insurance companies often undervalue wrongful death settlements. As aggressive NYC accident lawyers, we push for fair compensation.

6. Represent You in Court

If a fair settlement isn’t offered, our New York City wrongful death attorneys are prepared to take your case to trial and fight for justice.

If you’re looking for a wrongful death lawyer near me, MB Injury Lawyer is here to stand by your side. 

Why Choose MB Injury Lawyer for Your Wrongful Death Case in New York City?

Choosing the right New York City wrongful death lawyer can make all the difference in securing justice and wrongful death compensation for your family. At MB Injury Lawyer, we provide compassionate yet aggressive legal representation, ensuring you get the support you need while we fight for the maximum wrongful death settlement you deserve.

1. Proven Track Record of Success

Our firm has successfully handled numerous wrongful death cases in New York City, recovering millions in wrongful death damages for grieving families.

2. No Fees Unless We Win

We operate on a contingency fee basis, meaning you don’t pay anything unless we secure a wrongful death lawsuit victory for you.

3. Insider Knowledge of Insurance Tactics

With experience as former defense attorneys, we know how insurance companies work and how to counter their strategies to maximize wrongful death claims.

4. Personalized Legal Strategy

Every case is unique. Our wrongful death lawyers in New York City provide tailored legal strategies based on your specific situation.

5. Aggressive Negotiation & Trial Experience

While we aim for fair settlements, our wrongful death attorneys from New York City are always prepared to take your case to court if needed.

6. Compassionate and Supportive Legal Guidance

We understand the emotional toll of losing a loved one. Our team offers compassionate legal support while aggressively pursuing justice.

FAQs 

1. How long does a wrongful death case in New York City take to resolve?

The timeline for a wrongful death case in New York City varies. Some wrongful death lawsuits settle within months, while complex cases may take years, especially if they go to trial. A New York City wrongful death lawyer can provide a more accurate estimate based on your case details.

2. Can multiple family members file separate wrongful death claims?

No, only the personal representative of the deceased’s estate can file wrongful death claims in New York. However, the compensation from a wrongful death settlement is distributed among eligible family members, such as spouses, children, or parents.

3. Can I file a wrongful death lawsuit if the deceased had pre-existing conditions?

Yes, as long as negligence contributed to the death. Even if the victim had pre-existing conditions, a wrongful death lawyer in New York City can help prove that the responsible party’s actions directly led to the fatal outcome.

4. Are wrongful death damages taxable in New York?

Generally, wrongful death compensation for medical bills, lost income, and emotional distress is not taxable under federal law (IRS Publication 4345). However, punitive damages, if awarded, may be subject to taxes. Consult a legal or tax professional for specific guidance.

5. Can I file a wrongful death lawsuit if no criminal charges were filed?

Yes. Criminal cases require proof beyond a reasonable doubt, but wrongful death cases only require proof by a preponderance of the evidence. A wrongful death attorney in New York City can still pursue justice even if the responsible party was not criminally charged.

6. What happens if the negligent party doesn’t have insurance?

Even if the at-fault party is uninsured, you may still recover wrongful death damages through alternative sources, such as uninsured motorist coverage or civil litigation. A New York City wrongful death lawyer can explore all options for compensation.

If you have more questions, our team of experienced wrongful death attorneys from New York City is here to help. Call us today for a free consultation.

Justice for Your Loved One Starts Here – Let’s Fight for What’s Right

Losing someone you love due to negligence is devastating, but you don’t have to go through it alone. A New York City wrongful death lawyer from MB Injury Lawyer can help you seek justice and secure the wrongful death compensation your family deserves. We understand the emotional toll and financial hardships that come with wrongful death, and we are here to provide aggressive legal support while treating you with the compassion you need during this difficult time.

If you’re searching for the best wrongful death lawyer in New York City, we are here to fight for you. Call us at (347) 639-0349 or complete our online form to schedule a free consultation. Our experienced wrongful death attorneys from New York City are ready to help you take the first step toward securing justice and financial recovery.

Serving Clients in New York City, NY

New York City features diverse neighborhoods like Harlem and Williamsburg, alongside iconic landmarks such as Times Square and the Statue of Liberty.

Contact Information

Michael Benenati, Attorney at Law
37-08 28th Avenue, Suite 302
Astoria, New York 11103
+1 347-639-0349

We serve clients in New York City from our Astoria office.