New York City
Wrongful Death Attorney

When you lose someone you love because of another person’s careless actions, the pain feels impossible to bear. Our New York wrongful death attorney team understands what you’re going through right now. We know that no amount of money will bring back your loved one, but getting fair compensation can help your family during this difficult time.

The Silbowitz Firm has spent years helping families just like yours. We fight hard to make sure the people responsible pay for what they did. Our lawyers know New York’s wrongful death laws inside and out. We work on every case like it’s our own family member who was hurt.

Long Island has been our home for decades. We’ve seen too many families torn apart by preventable accidents. From the busy streets of Nassau County to the highways of Suffolk County, tragic accidents happen every day. When they do, we’re here to help families get the justice they deserve.

What Counts as Wrongful Death in New York?

New York law says a wrongful death happens when someone dies because of another person’s “wrongful act, neglect, or default.” This means the person who died would have been able to sue for personal injury if they had lived. Since they can’t speak for themselves anymore, their family has to step up and fight for them.

These cases are different from regular personal injury lawsuits. The law looks at what the person who died would have earned over their lifetime. It also looks at what they gave their family beyond money, like care and guidance for children.

New York follows specific rules about who can file these lawsuits and what damages you can get. The law protects families, but you need to know how to use it right. That’s where we come in.

Types of Accidents That Lead to Wrongful Death Cases

Sadly, there are many ways people lose their lives because of someone else’s mistakes. We handle all types of wrongful death cases, including:

Traffic Accidents

• Car crashes on the Long Island Expressway and other major roads
• Motorcycle accidents
• Truck accidents involving commercial vehicles
• Pedestrian accidents in busy areas like Times Square
• Bicycle accidents on local streets and bike paths

Medical Mistakes

• Surgical errors at local hospitals
• Misdiagnosis or delayed diagnosis of serious conditions
• Medication mistakes
• Birth injuries that lead to infant death
• Emergency room errors

Workplace Accidents

• Construction site accidents (Long Island has many active construction projects)
• Industrial accidents
• Crane collapses
• Falls from heights
• Equipment malfunctions

Property-Related Deaths

• Slip and fall accidents at businesses
• Swimming pool drownings
• Building collapses
• Fire-related deaths due to faulty equipment
• Elevator or escalator accidents

Other Causes

• Defective products
• Dog attacks
• Nursing home neglect
• Criminal acts where property owners failed to provide security

Long Island sees its share of all these accident types. The area’s mix of residential neighborhoods, busy commercial districts, and industrial zones creates many opportunities for accidents. When they happen, families need someone who knows how to handle these complex cases.

Who Can File a Wrongful Death Lawsuit in New York

New York has strict rules about who can start a wrongful death lawsuit. Only the “personal representative” of the dead person’s estate can file the case. This person is usually named in the will as the executor. If there’s no will, the court picks someone to handle the estate.

Often, the personal representative is a close family member like:

• The surviving spouse
• An adult child
• A parent (if the person who died was unmarried with no children)
• A sibling (in some cases)

The personal representative files the lawsuit, but they do it for all the people who were financially dependent on the person who died. This can include:

• Spouses and domestic partners
• Children (both biological and adopted)
• Parents
• Other family members who depended on the deceased person financially

This system makes sure the right people get compensation. It also prevents multiple lawsuits over the same death. We help families figure out who should be the personal representative and how to move forward with the case.

Understanding New York’s Statute of Limitations

Time is working against you from the moment your loved one dies. New York gives families a limited time to file wrongful death lawsuits. Miss the deadline, and you lose your right to compensation forever.

For most wrongful death cases, you have two years from the date of death to file your lawsuit. This isn’t the same as the date of the accident. If someone gets hurt in January but dies in March, you have two years from the March death date.

Medical malpractice cases get a little more time. You have two and a half years (30 months) to file if the death was caused by medical mistakes.

If there’s a criminal case against the person who caused the death, the rules change again. You get one year after the criminal case ends to file your civil lawsuit.

These deadlines are firm. Courts rarely make exceptions. That’s why you need to call us as soon as possible. We can start working on your case right away, even while you’re still grieving. The sooner we start, the better chance we have of getting you full compensation.

What Compensation Can You Recover?

New York law limits what you can recover in wrongful death cases compared to some other states. You can’t get money for your own emotional pain or the loss of your loved one’s companionship. But you can get compensation for real financial losses.

Economic Damages You Can Recover:

• Lost wages and income your loved one would have earned
• Lost benefits like health insurance and retirement contributions
• The value of household services your loved one provided
• Medical bills from the final injury or illness
• Funeral and burial costs
• Lost inheritance (money your loved one would have saved and left to you)

For Children Who Lost a Parent:

• The value of parental care and guidance
• Support for education and upbringing
• Financial support until adulthood

Additional Recoverable Amounts:

• Interest on the damage award from the date of death
• Any conscious pain and suffering your loved one experienced before dying

We calculate these amounts by looking at your loved one’s age, health, earning capacity, and life expectancy. We also consider what they contributed to the family beyond money. A stay-at-home parent who took care of children provided valuable services that cost money to replace.

The key is proving what your loved one would have done if they had lived. We work with economists and other experts to show the full value of your loss.

Meet Mitchell Silbowitz: Your Experienced Wrongful Death Attorney

Mitchell Silbowitz founded The Silbowitz Firm after more than three decades of fighting for families who lost everything due to someone else’s mistakes. Since starting his career in 1989, he has handled over 1,000 successful personal injury cases. His experience includes wrongful death cases involving car accidents, construction site incidents, medical malpractice, and other serious accidents that took lives too soon.

Mr. Silbowitz graduated from St. John’s University School of Law in 1988 and earned his undergraduate degree from Hofstra University in 1985. He’s been admitted to practice in New York State since 1989 and in federal courts since 1992. His peers have recognized his excellence by naming him a Super Lawyer from 2020 to 2024 and making him a lifetime member of the Million Dollar Trial Lawyers association.

Before starting his own firm, Mitchell served as a senior partner at one of New York City’s most recognized personal injury practices. He helped build that firm’s reputation through skilled negotiation and aggressive trial advocacy. Now, families who work with The Silbowitz Firm get the benefit of his proven track record and personal attention.

What makes Mitchell different is his thorough preparation and deep knowledge of injury law. He knows that wrongful death cases require special sensitivity combined with aggressive legal action. Insurance companies respect him because they know he’s prepared to take cases to trial when they won’t offer fair settlements.

Why Long Island Families Choose The Silbowitz Firm

Long Island is our home. We know the courts, the judges, and the way things work here. We’ve been part of this community for years, watching it grow and change. From the historic Gold Coast mansions in Nassau County to the farm-to-table restaurants in Suffolk County, this area is special to us.

Nassau County, established in 1899, has a rich history of supporting families. The county’s 1.4 million residents include many hardworking families who depend on each other for support. When tragedy strikes, these families need lawyers who understand their values and their needs.

Suffolk County, the largest county in New York by area, stretches from the suburbs near Queens all the way out to the Hamptons. With over 1.5 million residents, it’s home to diverse communities with different needs. Our experience helps us connect with families from all backgrounds.

We know the local hospitals where medical mistakes happen. We know the dangerous intersections where car accidents occur. We know the construction sites where workers get hurt. This local knowledge helps us build stronger cases for our clients.

What Sets The Silbowitz Firm Apart:

• Over 1,000 successful personal injury cases handled by Mitchell Silbowitz
• More than 35 years of experience since 1989
• Super Lawyer recognition from 2020 to 2024
• Lifetime member of Million Dollar Trial Lawyers
• We treat every client like family
• We come to you if you can’t come to our office
• We work nights and weekends when needed
• We advance all case expenses so you don’t pay anything out of pocket
• We have relationships with local experts and investigators

The Real Impact of Losing a Family Member

When someone dies in an accident, the effects go far beyond the immediate grief. Families face practical problems they never expected. The person who paid the mortgage might be gone. The parent who drove kids to school every day isn’t there anymore. The spouse who handled the family’s health insurance decisions has died.

These real-world impacts are what wrongful death laws try to address. Money can’t fix everything, but it can solve some problems. It can pay for the mortgage so you don’t lose your home. It can cover childcare costs. It can replace lost health insurance.

We see families struggle with these issues every day. A widow in Hempstead might not know how to handle the family finances. A single father in Huntington might need help finding childcare after his ex-wife dies in an accident. These are real problems that need real solutions.

The compensation we get for families helps them rebuild their lives. It doesn’t take away the pain, but it gives them one less thing to worry about. That’s why we fight so hard for every dollar.

How We Handle Your Case From Start to Finish

Every wrongful death case is different, but they all follow a similar process. Understanding what to expect can help reduce some of your stress during this difficult time.

Initial Consultation We start with a free meeting where you tell us what happened. We listen to your story and ask questions to understand the situation. We explain your legal rights and what we think your case might be worth. This meeting is completely confidential, and you’re under no obligation to hire us.

Case Investigation
If you decide to work with us, we immediately start investigating. We collect medical records, accident reports, witness statements, and other evidence. We visit the accident scene and take photographs. We consult with experts who can help explain what happened.

Filing the Lawsuit We file your wrongful death lawsuit in the appropriate New York court. This starts the formal legal process. We handle all the paperwork and make sure everything is filed on time.

Discovery Phase Both sides exchange information and take depositions (sworn statements) from witnesses. This can take several months, but it’s where we build the strongest case possible.

Negotiations Most cases settle before trial. We negotiate with the insurance companies and defense lawyers to get you the best possible settlement. We never accept an offer without your approval.

Trial (If Necessary) If we can’t reach a fair settlement, we take your case to trial. We present your case to a jury and fight for full compensation. We’re experienced trial lawyers who aren’t afraid to go to court.

Throughout this process, we keep you informed about what’s happening. We return your phone calls and answer your questions. We understand you’re going through a difficult time, and we try to make the legal process as easy as possible for you.

Common Questions Families Ask Us

“How much is my case worth?” Every case is different. The value depends on your loved one’s age, income, health, and what they contributed to your family. We can give you an estimate after reviewing your situation, but the final amount depends on many factors.

“How long will my case take?” Most wrongful death cases take 12 to 18 months to resolve. Complex cases or those that go to trial can take longer. We work as quickly as possible while still building the strongest case.

“What if my loved one was partly at fault?” New York follows “comparative negligence” rules. Even if your loved one made a mistake, you can still recover compensation. The amount gets reduced by their percentage of fault, but you don’t lose everything.

“Do I have to go to court?” Most cases settle without going to trial. If your case does go to court, we handle everything. You might need to testify, but we prepare you thoroughly beforehand.

“What if the person who caused the death doesn’t have insurance?” We explore all possible sources of compensation, including the person’s assets, business insurance, and other coverage that might apply.

Why You Shouldn’t Wait to Call Us

Insurance companies start working against you immediately after an accident. They send investigators to the scene. They interview witnesses. They look for ways to reduce or deny your claim. Every day you wait gives them more advantages.

Evidence disappears over time. Witnesses forget details or move away. Video footage gets deleted. The accident scene changes. Starting early gives us the best chance to preserve evidence and build a strong case.

Your family needs help now, not months from now. The sooner we start working, the sooner we can get you compensation. Some families need immediate financial help with funeral costs or lost income. We can sometimes get partial settlements to help with immediate needs.

Contact The Silbowitz Firm Today

We know this is one of the worst times in your life. You’re dealing with grief, making funeral arrangements, and trying to figure out how to move forward. Legal issues are probably the last thing you want to think about.

But protecting your family’s future is important. The people responsible for your loved one’s death should pay for what they did. The compensation you receive can help secure your family’s financial future.

We make it as easy as possible to get started. Call us at (516) 375-6692 for a free consultation. We’ll come to your home if that’s more convenient. We speak multiple languages. We work around your schedule.