New York City
Wrongful Death Attorney

Please accept our deepest sympathies for the loss of your family member. We understand that an unexpected passing is a devastating event that brings both immense emotional pain and a sudden, heavy financial burden to those left behind. While a New York City wrongful death lawyer is unable to change what has happened, our team can work to obtain the financial recovery and accountability your family deserves from the person or business responsible for this tragedy.

To speak with a member of our firm about your situation, please call The Silbowitz Firm at (646) 419-5344 for a free consultation.

Pursuing Damages for a Wrongful Death

When a person loses their life because of the reckless or negligent actions of another, the surviving family members may be eligible to seek various forms of compensation.

These damages often vary depending on the specifics of the case but typically involve:

• Medical expenses and hospital costs incurred prior to your loved one’s death
• The value of the earnings and future financial benefits they would have provided over their lifetime
• Costs associated with the funeral and burial services
• Compensation for the conscious pain and suffering the deceased experienced before passing
• Loss of the parental guidance, care, and nurturing for surviving children
• Loss of the support and services that the family member provided to the household

A wrongful death lawyer will look closely at every detail of your loss to ensure we are pursuing the full amount of recovery allowed under New York law.

No-Cost Legal Representation

Our legal team operates strictly on a contingency fee basis. This means you are not required to pay any money upfront and you do not have to worry about the cost of hourly legal fees while you are experiencing a difficult transition. The Silbowitz Firm only receives a payment if we are successful in winning a settlement or a court verdict on your behalf.

The Role of a New York Wrongful Death Attorney

In New York, a wrongful death is generally defined as a death caused by a wrongful act, neglect, or default that would have allowed the deceased person to file a personal injury claim had they survived. When you are grieving, the last thing you should have to do is deal with the stress of legal paperwork or aggressive insurance adjusters.

A lawyer from our firm helps you by:

• Gathering the necessary evidence to prove who is at fault and establishing their negligence
• Placing a clear value on your financial and emotional losses
• Managing all filings with insurance companies, whether they involve auto, property, or professional liability policies
• Building a strong case to present in front of a judge or jury if the insurance company refuses to offer a fair settlement

Our goal is to handle the legal complexities so that you can focus on being with your family and honoring the memory of your loved one.

Types of Cases We Handle

The legal issues surrounding a fatal accident can be very dense and require a deep understanding of state regulations. The Silbowitz Firm has experience helping families through many different types of tragic situations, including:

• Car accidents
• Motorcycle crashes
• Bicycle and pedestrian incidents
• Commercial truck and 18-wheeler collisions
• Rideshare accidents involving Uber or Lyft
• Medical errors and malpractice
• Faulty products or medical equipment
• Incidents caused by a lack of proper security
• Property owner negligence and premises liability
• Fatal slips, trips, and falls
• Construction site disasters
• Workplace fatalities

It is very important to keep in mind that New York law generally requires a wrongful death lawsuit to be filed within two years of the date of the person’s passing. If you wait too long and the statute of limitations expires, you may lose your right to seek justice entirely.

Proving Liability in a Death Claim

The requirements for proving a case in a civil court are different from those in a criminal trial. To be successful in a wrongful death claim, we must show several specific elements:

• The defendant had a legal obligation to act with reasonable care to avoid causing harm.
• That person or company failed in their duty through a specific action, such as speeding or ignoring a safety hazard.
• This failure was the direct cause of the injuries that led to your loved one’s death.
• The death resulted in actual financial and personal damages for the surviving heirs.

By using various forms of evidence, your attorney will demonstrate exactly how the defendant’s negligence caused your family’s loss.

Evidence Collection in New York Death Cases

One reason Mitchell Silbowitz has been so successful in helping clients since 1989 is our firm’s dedication to a thorough investigation. We leave no stone unturned when looking into the cause of a fatal accident.

The evidence we often use includes:

• Photographs and video footage from the scene of the incident
• Statements from people who saw what happened
• Official police reports and accident reconstruction data
• Medical records and autopsy results
• Testimony from experts in medicine, safety, or finance
• Records of the defendant’s history, such as previous driving violations or safety citations

We often work with financial experts to calculate the exact impact the loss of income will have on your family over the next several decades.

Who Is Eligible to File a Claim in New York

Under New York law, a wrongful death action must be brought by the personal representative of the deceased person’s estate. While the lawsuit is filed by the representative, any damages recovered are held for the benefit of the surviving beneficiaries, such as a spouse, children, or parents.

Determining the Value of the Loss

We know that no amount of money can truly account for the hole left in your life. However, the legal system uses financial compensation as a way to provide for the survivors and hold the wrongdoer accountable.

A wrongful death lawyer calculates the “pecuniary” or financial losses, which include the loss of the support and services the person would have provided. We also look at the conscious pain and suffering the person felt before they passed away, which can be a significant part of a New York claim.

Factors Influencing the Final Settlement

The court and insurance companies look at several specific details when deciding what a case is worth, such as:

• The age and general health of the person at the time of the accident
• Their earning potential based on education and job experience
• The number of people, such as children or elderly parents, who relied on them for support
• The specific circumstances that led to the fatal injury

Contact Us for a Free Case Review

If you are experiencing the loss of a loved one due to someone else’s carelessness, The Silbowitz Firm is ready to help you pursue the justice your family deserves. Call us today at (646) 419-5344 for a free consultation to discuss your legal rights.