Losing a family member to another person's negligence is a loss no settlement can undo. But New York's wrongful death law exists to hold the responsible party accountable and to protect the financial future of the family left behind — the spouse, children, and dependents who relied on the person who was taken.
Wrongful death claims can arise from any fatal act of negligence: a car or truck crash, a construction accident, medical malpractice, or a dangerous property condition. These cases are brought by the personal representative of the deceased person's estate on behalf of the surviving family members.
For more than 30 years, Adam L. Shapiro & Associates has stood with grieving New York families. We understand that behind every case is a person, and we handle these matters with the compassion they demand and the determination they require.
Fatal vehicle accidents
Deadly car, truck, motorcycle, and pedestrian crashes.
Construction fatalities
Fatal falls, collapses, and worksite accidents.
Medical negligence deaths
Fatal misdiagnosis, surgical, and hospital errors.
Premises & negligent security
Fatal falls and preventable violence on unsafe property.
Municipal & public entity
Fatal incidents involving the city, MTA, or public agencies.
Defective products
Deaths caused by dangerous or defective products.
A New York wrongful death action must generally be filed within two years of the date of death (EPTL § 5-4.1), and it is brought by the personal representative of the estate. When a public entity such as the City or MTA is involved, a Notice of Claim within 90 days may also be required, making early action critical.
New York has historically limited wrongful death recovery to pecuniary (economic) losses — lost financial support, lost services, and funeral and medical expenses — rather than the survivors' grief. A separate "survival" claim can seek compensation for the pain and suffering the deceased endured before death. We pursue every category of recovery the law allows.
2-year deadline
Wrongful death actions generally must be filed within two years of death — and sooner if a public entity requires a 90-day Notice of Claim.
Who can file
The claim is brought by the estate's personal representative on behalf of surviving family members and dependents.
Two claims in one
A wrongful death claim (the family's losses) and a survival claim (the decedent's pre-death suffering) are often pursued together.
Lost financial support
The income and financial contributions the family has lost.
Lost services & guidance
The value of care, guidance, and support the person provided.
Funeral & burial expenses
The costs of laying your loved one to rest.
Medical expenses
Care costs incurred before death from the fatal injury.
Conscious pain & suffering
Through a survival claim, the suffering the person endured before passing.
Preserve what you can
Keep records, bills, and any evidence connected to the incident. Do not discard anything.
Be cautious with insurers
Do not give statements or accept offers from the responsible party's insurer during your grief.
Call us when you're ready
There is no pressure and no cost to talk. We will explain your family's rights and the deadlines with care.
Compassionate case review
We listen, explain your family's rights, and assess the claim at no cost and no obligation.
Investigation
We establish liability and preserve the evidence that proves what happened.
Estate & claim coordination
We help ensure the right representative brings the claim and pursue both wrongful death and survival damages.
Negotiation or trial
We seek full accountability and take the case to trial when the offer is not just.
Who can bring a wrongful death claim in New York?
The claim is filed by the personal representative of the deceased person's estate, on behalf of the surviving spouse, children, and other dependents. We can help the family establish the right representative.
How long do we have to file?
Generally two years from the date of death, but a public-entity defendant may require a Notice of Claim within 90 days. Because these deadlines can be short, it is best to speak with us early.
What can our family recover?
New York focuses on economic losses — lost support, services, and funeral costs — and a separate survival claim can seek compensation for the suffering your loved one endured before death.
What does it cost to hire the firm?
Nothing up front. We work on contingency — no fee unless we win your case.