Losing someone you love because of another person’s carelessness or wrongdoing is one of the most painful experiences a family can go through. The grief is real, the financial pressure is immediate, and the legal questions can feel endless.
At Rosenberg & Gluck, LLP, our Long Island wrongful death lawyer team is here to help your family seek the accountability and compensation you deserve. Call us today for a free consultation at (631) 250-4072.
For a free legal consultation with a wrongful death lawyer serving Long Island, call
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone dies due to another party’s negligence, recklessness, or intentional act. Unlike a criminal case, a wrongful death claim is brought by surviving family members to recover financial compensation for their losses. New York law governs who can file, what damages are recoverable, and how long you have to act.
Under New York law, wrongful death claims must generally be filed within two years of the date of death. Missing that deadline can bar your family from recovering anything, so the sooner you speak with an attorney, the better protected your rights will be.
Who Can File a Wrongful Death Claim in New York?
In New York, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. That representative then pursues the claim on behalf of the surviving family members, which typically includes:
- A spouse or domestic partner
- Children of the deceased
- Parents, if the deceased had no spouse or children
- Dependents who relied on the deceased for financial support
The compensation recovered is then distributed among the eligible survivors according to New York’s laws. Our team can walk you through exactly who qualifies in your family’s situation and how the process works from start to finish.
What Causes Wrongful Deaths in Long Island?
Wrongful death cases on Long Island arise from many different circumstances, but they all share a common thread: another party’s negligence or wrongful conduct played a role in the death. Below are some of the most common causes our firm handles.
Motor Vehicle Accidents
Motor vehicle accidents are among the leading causes of wrongful death on Long Island. Fatal crashes happen on heavily traveled roads like the Long Island Expressway, Sunrise Highway, and Merrick Road, as well as on local streets throughout Nassau and Suffolk Counties.
Distracted driving, drunk driving, speeding, and failure to yield are frequent factors in most car and motorcycle accidents.
Truck accidents carry their own set of complications. Commercial trucks traveling routes through Ronkonkoma, Hauppauge, and along the Southern State Parkway can cause catastrophic damage when drivers or trucking companies cut corners on safety.
Liability in trucking accident cases often extends beyond the driver to include the trucking company, the cargo loader, or a vehicle manufacturer if a mechanical failure contributed to the crash.
Slip and Fall Accidents
Property owners in New York have a legal duty to keep their premises reasonably safe for visitors. When they fail to address hazardous conditions, such as wet floors, broken stairs, icy walkways, or poor lighting, and someone dies as a result, the property owner may be held liable.
Fatal slip and fall accidents can occur at shopping centers, restaurants, apartment buildings, and private homes throughout Long Island.
Construction Accidents
Long Island’s active construction industry puts workers and bystanders at risk when job sites aren’t properly managed. New York has some of the strongest worker protection laws in the country, including Labor Law Sections 240 and 241, which hold property owners and general contractors strictly liable for certain elevation-related and construction site injuries.
When a worker dies from a fall, a struck-by accident, or an equipment failure at a site in areas like Melville, Farmingdale, or Brentwood, the family may have strong legal grounds for a wrongful death claim.
Dog Bites
Fatal dog attacks can support a wrongful death claim under New York law. Under New York’s dog bite statute, an owner whose dog has known dangerous tendencies can be held liable for damages when that dog causes serious injury or death.
These cases require careful investigation into the dog’s history and the owner’s awareness of any prior aggressive behavior.
Nursing Home Abuse and Neglect
Older adults placed in Long Island nursing homes and long-term care facilities deserve safe, attentive care. When a facility fails to provide adequate supervision, allows bedsores to go untreated, improperly administers medication, or permits physical abuse, the results can be fatal.
Families who suspect their loved one died due to nursing home neglect or abuse have the right to hold that facility accountable. These cases often involve detailed review of medical records and facility inspection reports, and our team knows how to build them.
What Compensation Can a Wrongful Death Claim Recover?
A wrongful death claim can recover compensation for the financial and personal losses your family suffers as a result of your loved one’s death. New York law breaks this down into two separate but related claims that are typically filed together.
The Wrongful Death Claim
The wrongful death claim itself focuses on the losses experienced by the surviving family members. Recoverable damages include:
- Lost financial support the deceased would have provided over their lifetime
- Loss of household services, such as childcare, home maintenance, and other contributions
- Medical expenses directly related to the fatal injury or illness
- Reasonable funeral and burial costs
One important limitation under New York law is that surviving family members cannot recover for their own grief or emotional suffering through the wrongful death claim.
New York’s statute is narrower than many other states in this respect, which makes it even more important to work with an attorney who knows how to maximize every available category of damages.
The Survival Action
Alongside the wrongful death claim, New York law also allows the estate to bring what’s called a survival action. This claim covers the losses the deceased person experienced personally before dying:
- Conscious pain and suffering endured between the injury and death
- Lost earnings and benefits from the time of injury through the date of death
What Affects the Value of Your Case?
No two cases produce the same result. The value of your family’s claim depends on factors like your loved one’s age, income, and earning potential, the number of people who depended on them financially, and the circumstances surrounding the death.
Our team evaluates every case carefully to identify the full scope of what your family is entitled to recover.
Why Does Your Family Need a Wrongful Death Lawyer?
Wrongful death cases involve multiple legal claims, strict deadlines, insurance companies, and, often, well-funded defendants who have legal teams working against you from day one. Without skilled legal representation, families frequently accept far less than their case is worth or miss procedural requirements that end their case entirely.
Our attorneys handle every part of your case. Here’s what we do:
- Investigate the cause of death
- Gather evidence
- Identify all liable parties
- Consult with medical and accident reconstruction professionals
- Build the strongest possible claim on your family’s behalf.
We negotiate firmly with insurance companies and defense attorneys, and we take cases to trial when a fair settlement isn’t offered.
Our firm works on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family. A free consultation costs you nothing, and it gives your family a clear picture of your legal options. Call Rosenberg & Gluck, LLP at (631) 250-4072.
What Sets Rosenberg & Gluck, LLP Apart?
Families on Long Island have choices when it comes to legal representation. What brings clients to Rosenberg & Gluck, LLP, and what keeps them referring friends and family, is a combination of proven results, deep local knowledge, and a level of personal commitment that larger, high-volume firms simply don’t offer.
Serving Long Island Since 1983
Our firm has stood by injured people and grieving families across Long Island for more than four decades. That longevity reflects something real: consistent results, honest communication, and a reputation built case by case in Nassau and Suffolk Counties.
We know the local courts, the local defense firms, and the insurance companies that operate here. That familiarity gives our clients a meaningful advantage from the moment we take their case.
Tens of Millions Recovered for Our Clients
Our attorneys have recovered tens of millions of dollars in compensation for clients throughout Long Island. That record earned us membership in the Million Dollar Advocates Forum, one of the most respected peer-recognized distinctions in American trial law.
Fewer than one percent of attorneys in the country qualify for membership, which requires achieving million-dollar or multi-million-dollar verdicts or settlements on behalf of clients. It’s a standard that reflects both skill and dedication, and we’re proud to meet it.
Recognized by the Legal Community
Beyond client results, our attorneys have earned awards and honors from the broader legal community. These recognitions come from peers who understand what serious litigation demands. When you’re up against well-funded defendants and experienced defense teams, that kind of standing matters.
Fully Committed to Your Family’s Outcome
When you bring your case to Rosenberg & Gluck, LLP, you work directly with attorneys who are personally invested in what happens to your family. We don’t treat wrongful death cases as routine matters. Each case represents a family whose life has been changed by someone else’s actions.
Our attorneys build legal strategies around your specific circumstances. We pursue every available avenue for compensation and keep you informed throughout the entire process.
Your family deserves honest answers, consistent communication, and attorneys who genuinely care about getting the best possible outcome. That’s what we bring to every case we handle.
Wrongful Death FAQs
What is a wrongful death lawsuit?
A wrongful death lawsuit is a civil claim brought when someone dies because of another person’s or company’s negligence or wrongful act. In New York, the personal representative of the estate files the lawsuit for the benefit of the family. It seeks compensation for the family’s financial losses, such as lost income, lost support and services, and funeral costs. The estate representative can also pursue any pain and suffering claims the decedent had arising from the accident. It is separate from any criminal case.
Who can file a wrongful death lawsuit?
In New York, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. That is usually the executor named in the will or an administrator appointed by the Surrogate’s Court. The lawsuit is brought on behalf of the surviving family members, called distributees, such as a spouse, children, or parents.
Are wrongful death settlements taxable?
In most cases, no. Under federal tax law, compensatory damages received for a physical injury or physical sickness, including wrongful death, are generally not taxable. Punitive damages and interest on a judgment are generally taxable. Every family’s situation is different, so it is wise to check with a tax professional before the settlement is distributed.
How do you prove wrongful death?
To prove wrongful death in New York, you must show that the defendant was negligent or acted wrongfully, that this caused the death, and that surviving family members suffered financial losses. Evidence includes police and accident reports, medical records, the autopsy, witness statements, video, and expert testimony. The standard of proof is a preponderance of the evidence, which is lower than in a criminal case.
How long does a wrongful death lawsuit take?
Most wrongful death lawsuits take one to three years. Before the lawsuit can start, an estate representative must be appointed by the Surrogate’s Court, which can take a few weeks or months. Cases with clear liability can settle sooner, while complex cases, such as medical malpractice deaths, often take longer. Any settlement must also be approved by the court.
How much is a wrongful death lawsuit worth?
The value of a wrongful death lawsuit depends on the financial losses to the family, including lost income, lost support and services, the loss of a parent’s guidance, and medical and funeral expenses. A related survival claim can add the person’s conscious pain and suffering before death. The person’s age, earnings, and family situation all affect the value. Insurance limits also matter.
How is a wrongful death settlement divided among family members?
In New York, wrongful death damages are divided among the distributees in proportion to the financial loss each one suffered. That means a spouse and young children who depended on the person’s income may receive more than adult children. The court must approve the settlement and the distribution. Money from a related survival claim goes to the decedent’s estate and is distributed under the will or state law.
Who can sue for wrongful death in New York?
In New York, a wrongful death lawsuit must be brought by the personal representative of the estate, usually the executor or a court-appointed administrator. The family members who benefit are the distributees, such as the surviving spouse, children, and parents. The representative brings the claim for them, and the court decides how any recovery is shared.
Who gets the money in a wrongful death lawsuit?
In New York, the money from a wrongful death claim goes to the distributees, the close family members who suffered financial loss, such as a spouse, children, or parents. It is divided in proportion to each person’s loss, and the court must approve the distribution. Funeral and medical expenses are typically paid back first. Money from a survival claim goes to the estate.
Can you sue a hospital for wrongful death?
Yes. If a hospital, doctor, nurse, or other medical provider made a mistake that caused a patient’s death, the family can bring a wrongful death claim based on medical malpractice. Examples include misdiagnosis, surgical errors, medication mistakes, and delays in treatment. These cases usually require a review by a medical expert and must be filed within the wrongful death deadline.
How are wrongful death settlements paid out?
Wrongful death settlements in New York can be paid as a lump sum or through a structured settlement that pays over time. Structured settlements are common when minor children are involved. Before money is paid out, the court must approve the settlement, legal fees, and the distribution. Liens, such as Medicaid or health insurance, are typically resolved first.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family for their own financial losses after the death. A survival action is a separate claim brought by the estate for the losses the person suffered before dying, such as conscious pain and suffering, medical bills, and lost wages. In New York, both are usually brought together in one lawsuit by the personal representative.
Who pays for a wrongful death lawsuit?
In most cases, the at-fault party’s liability insurance pays a wrongful death settlement or verdict. For the family, most wrongful death lawyers, including Rosenberg & Gluck, work on contingency, so there is no upfront cost. The legal fee is paid from the recovery, and the court must approve it. If there is no recovery, there is no fee.
What is the statute of limitations for wrongful death in New York?
In New York, a wrongful death lawsuit generally must be filed within two years of the date of death. Shorter deadlines apply when a public entity is involved, including a notice of claim within 90 days of the appointment of the estate representative. A separate survival claim for the person’s own injuries may follow a different deadline. Talk to a wrongful death lawyer early to protect your family’s rights.
What damages can be recovered in a wrongful death lawsuit?
In New York, a wrongful death lawsuit can recover the family’s financial losses, such as the income and support the person would have provided, the value of household services, the loss of a parent’s guidance for children, and medical and funeral expenses. A survival claim can add the person’s conscious pain and suffering before death. Punitive damages may be available in rare cases of extreme misconduct.
Contact Rosenberg & Gluck, LLP for a Free Consultation
If you lost a loved one on Long Island because of someone else’s negligence or wrongdoing, your family deserves answers, accountability, and a legal team that will fight for you. The grief of losing someone doesn’t have a timeline, but legal deadlines do, and acting promptly gives your family the strongest possible position.
Our wrongful death lawyers in Long Island are ready to review your case, explain your options in plain language, and stand by your family every step of the way. There are no fees unless we win, and the first conversation is free.
Call Rosenberg & Gluck, LLP today at (631) 250-4072 to schedule your free consultation. You don’t have to face this alone.
