Long Island Wrongful Death Lawyer

Losing a family member is the most devastating experience a person can endure. When that loss is sudden, senseless, and caused by someone else’s carelessness, the grief is compounded by confusion, anger, and a profound sense of injustice. Your world has been shattered, and the future you planned has been stolen in an instant. The silence in your home is deafening, and the path forward seems impossible to navigate.

At Rosenberg & Gluck, LLP, we understand that no amount of money can ever replace your loved one. We know that a lawsuit is the last thing on your mind while you are grieving. However, the law provides a way for families like yours to seek justice and secure the financial stability you need to begin rebuilding your lives. You do not have to face this burden alone. As your compassionate legal advocates, we are here to lift the legal weight from your shoulders so you can focus on healing. If your family has suffered an unbearable loss, our dedicated Long Island wrongful death lawyer is here to help you through this difficult time.

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Why Choose Rosenberg & Gluck, LLP for Your Long Island Wrongful Death Case

During this incredibly painful time, choosing the right legal team to represent your family’s interests is a critical decision. You need a firm with not only the legal skill to win but also the compassion to understand what you are going through. For decades, families across Long Island have placed their trust in Rosenberg & Gluck, LLP, because we combine our extensive legal knowledge with a deep commitment to our clients’ well-being.

Here is why so many have chosen us to be their voice and their strength:

• Over 100 Years of Combined Experience: Our team of dedicated attorneys collaborate on complex cases, ensuring you benefit from a wealth of diverse perspectives and strategies, all focused on achieving the best possible outcome for your family.
• A Proven Record of Local Success: We are a Long Island law firm, through and through. We have spent our careers fighting for clients in the same Nassau and Suffolk County courthouses where your case will be heard. This local knowledge gives our clients a distinct advantage, as we are intimately familiar with the local judiciary, court procedures, and defense attorneys.
• The Resources to Challenge Powerful Opponents: Wrongful death cases often involve taking on large insurance companies and corporations with vast legal teams. These entities will do everything they can to deny or devalue your claim. Our firm has the financial strength and resources to level the playing field. We advance all litigation costs, allowing us to hire top-tier experts, conduct thorough investigations, and build an irrefutable case on your behalf.
• An Exclusive Focus on Personal Injury Law: Unlike other firms that dabble in various legal areas, we dedicate 100% of our practice to personal injury and wrongful death law. This singular focus has allowed us to hone our skills. We are always on the cutting edge of personal injury law in New York.

When you entrust your case to us, you are not just hiring a lawyer; you are gaining a team of dedicated advocates who will treat you with the dignity, respect, and compassion you deserve.

What is a Wrongful Death?

In legal terms, a “wrongful death” occurs when a person dies as a direct result of the wrongful act, neglect, or default of another individual or entity. Essentially, if the deceased person could have filed a personal injury lawsuit had they survived their injuries, their family may now file a wrongful death lawsuit in their place. 

This is a civil action, separate from any criminal charges that may be filed, and its purpose is to provide financial compensation to the surviving family members for the losses they have suffered due to their loved one’s passing.

Types of Wrongful Death Cases We Handle

A wrongful death can arise from almost any type of personal injury incident. Our firm has the experience and resources to handle a wide range of these tragic cases. 

Some of the most common types of wrongful death cases we handle include:

• Motor Vehicle Accidents
• Trucking Accidents
• Medical Malpractice
• Construction and Workplace Accidents
• Premises Liability
• Defective Products
• Dog Bites and Animal Attacks

Our experienced wrongful death lawyers are committed to holding the responsible parties accountable, no matter the circumstances of the accident.

Who Can File a Wrongful Death Lawsuit?

Under New York law, the lawsuit cannot be filed directly by the family members. Instead, it must be initiated by the “personal representative” of the deceased person’s estate. This individual is typically named in the deceased’s will as the executor. If there is no will, the court will appoint an administrator, who is often a close family member like a spouse, adult child, or parent. This personal representative acts on behalf of all the beneficiaries.

Who Are the Beneficiaries of a Long Island Wrongful Death Case?

The financial compensation, or “damages,” recovered in a wrongful death lawsuit is not for the estate itself but is distributed to the deceased person’s surviving family members, known as “distributees.” New York law specifies the order of priority for who can be a distributee, which generally includes:

• The surviving spouse and children.
• The surviving parents, if there is no spouse or children.
• In some circumstances, siblings or other relatives who were financially dependent on the deceased.

Our attorneys can help your family navigate the process of appointing a personal representative and ensure that the claim is filed correctly on behalf of all eligible beneficiaries.

What Damages Are Available in a Long Island Wrongful Death Lawsuit?

While we know that no financial award can fill the void left by your loved one, the purpose of a wrongful death lawsuit is to provide financial relief for the very real losses your family has endured and will continue to endure. The compensation, or “damages,” is intended to restore your family to the financial position you would have been in had the death not occurred.

Under New York law, your family may be entitled to recover several types of damages, including:

• Medical Expenses: The cost of all medical care your loved one received for their final injury or illness, from the moment of the accident until their passing.
• Funeral and Burial Expenses: The reasonable costs associated with your loved one’s funeral, cremation, or burial.
• Lost Earnings and Wages: The total income, including salary, wages, and benefits, that your loved one would have reasonably been expected to earn throughout their lifetime. An economist may be hired to project these future losses.
• Loss of Support and Services: The monetary value of the services and support your loved one provided to the family. This can include everything from childcare and home maintenance to accounting and financial management.
• Loss of Inheritance: The amount the surviving children would have likely inherited from their parent had they lived a full life.
• Value of Parental Nurture and Guidance: For surviving children, this compensates for the loss of their parent’s guidance, care, education, and moral training.

Our team at Rosenberg & Gluck, LLP, works diligently to identify and calculate every single dollar of loss your family has suffered to ensure you receive the maximum compensation possible under the law.

What is the Statute of Limitations for Filing a Wrongful Death Claim?

It is critically important to understand that you have a limited amount of time to take legal action after the loss of a loved one. This deadline is known as the statute of limitations. If you fail to file a lawsuit within this timeframe, the court will almost certainly dismiss your case, and your family will lose the right to seek compensation forever.

In New York, the statute of limitations for filing a wrongful death lawsuit is two years from the date of your loved one’s death.

This two-year deadline is strict and applies in most situations, including those arising from car accidents, defective products, and even medical malpractice.

Bear in mind, there is a very important and much shorter deadline if the party responsible for the death is a government or municipal entity. This could be a city, a county, a town, a village, a school district, or a public authority (like the MTA).

If you intend to sue a municipality in New York, you must first file a formal “Notice of Claim” within 90 days of the incident.  Missing this initial 90-day deadline can completely bar your case.

Because these deadlines are so unforgiving, it is absolutely essential that you speak with an experienced Long Island wrongful death attorney as soon as possible. The sooner we can begin our investigation, the better our chances of preserving crucial evidence, identifying all responsible parties, and ensuring all legal deadlines are met.

Why Do I Need a Wrongful Death Attorney in Long Island?

During a time of immense grief, the thought of navigating a complex legal battle is more than any family should have to bear. The legal system is complicated, and the insurance companies you will be up against have one goal: to protect their profits by paying you as little as possible. Trying to handle a claim on your own can jeopardize your family’s future financial security.

Hiring a dedicated wrongful death attorney from Rosenberg & Gluck, LLP, provides you with the protection, guidance, and advocacy you need.

• We Handle Everything: We take the entire legal burden off your shoulders. We will handle all investigations, paperwork, communications, and negotiations. We will be the barrier between you and the insurance adjusters, so you can focus on what matters most—your family.
• We Understand the Law and Local Courts: Wrongful death law is complex, with specific rules about who can file, what damages can be recovered, and strict deadlines. Our deep understanding of New York law and our extensive experience in Long Island courts ensure your case is handled correctly from start to finish.
• We Know How to Prove Your Case: We have the resources to conduct a comprehensive investigation. We work with leading experts—including accident reconstructionists, medical specialists, and economists—to build a powerful case that clearly establishes liability and accurately calculates the full extent of your family’s losses.
• We Maximize Your Compensation: Insurance companies are notorious for making lowball settlement offers to grieving families who they know are vulnerable. We know their tactics. We will not let them undervalue your claim. We prepare every case as if it is going to trial, which forces insurers to negotiate fairly. If they refuse to offer a settlement that fully compensates your family, we are always prepared to fight for you in court.

You do not have to walk this path alone. We are here to provide the strength and legal skill you need to achieve justice for your loved one.

Long Island Wrongful Death FAQs

We know you have many questions during this difficult time. Below are answers to some common questions we hear from families like yours.

How much does it cost to hire a wrongful death lawyer?

We understand that your family is already facing financial strain. That is why we handle all wrongful death cases on a contingency fee basis. This means you pay us absolutely no attorney’s fees unless and until we successfully recover compensation for you. We advance all the costs of litigation, so there is no financial risk to you to pursue the justice your family deserves.

What if my loved one was partially at fault for the accident?

Even if your loved one is found to be partially responsible for the accident that led to their death, your family can still recover damages. New York follows a “pure comparative negligence” rule. This means that your family’s financial award will simply be reduced by your loved one’s percentage of fault. For example, if they were found to be 20% at fault, your family could still recover 80% of the total damages.

What is the difference between a wrongful death lawsuit and a criminal case?

A criminal case is brought by the state (prosecutors) to punish a wrongdoer for breaking the law. A wrongful death lawsuit is a civil action brought by the family to obtain financial compensation for their losses. They are two separate proceedings. A defendant can be found liable for wrongful death even if they are acquitted in a criminal trial, because the standard of proof is lower in a civil case (“preponderance of the evidence” vs. “beyond a reasonable doubt”).

Contact Our Experienced Long Island Wrongful Death Lawyers Today

We know that right now, taking the first step may feel impossible. The pain and grief can be paralyzing. The legal team at Rosenberg & Gluck, LLP, is here to offer you and your family the compassionate guidance and tenacious legal representation you need to secure justice and financial peace of mind. Let us be your advocates and your strength during this unimaginably difficult time.

We will listen to your story with empathy, answer all of your questions, and explain your legal options in a clear, straightforward way. We offer our services in both English and Spanish to better serve our entire Long Island community.Your consultation is free, confidential, and comes with no obligation. Contact Rosenberg & Gluck, LLP, today at (631) 451-7900 or through our online form to connect with a caring Long Island wrongful death attorney who is ready to help your family.

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