When Someone You Love Is Gone Because of Someone Else's Negligence, You Deserve Answers — and a Fighter
You shouldn't have to figure out the legal system while you're grieving. Our firm handles every step of the wrongful death claim process so your family can focus on what matters. One call to 888-LAW-FIRM is all it takes to start protecting your rights — and we're available 24 hours a day, seven days a week.
What New York Law Actually Allows — and What It Doesn't
New York's wrongful death statute, EPTL § 5-4.1, is among the most restrictive in the country, and families deserve to understand exactly what they're working with before they make any decisions. Under this law, the claim is brought by the estate of the person who died — not by individual family members directly. And the damages that can be recovered are limited to pecuniary losses: the financial contributions the deceased would have made to their family over their lifetime.
This means that New York does not allow recovery for the grief, emotional suffering, or loss of companionship that surviving family members experience. That is a painful reality, and it is one that distinguishes New York from most other states. We explain this plainly at the outset because families deserve honesty, not false expectations.
What can be recovered includes:
- Lost earnings and future financial support the deceased would have provided
- Medical and funeral expenses related to the death
- The value of parental guidance, care, and nurturing lost by surviving children
- Loss of household services the deceased would have contributed
There Is a Second Legal Claim That Many Families Don't Know About
A wrongful death action is not the only avenue available. New York also permits what is called a survival action — a separate claim brought by the estate that covers what the deceased experienced before they died. If your family member suffered pain, fear, or conscious awareness of their injuries in the period between the accident and their death, that suffering is compensable through a survival action.
These two claims — wrongful death and survival — are often brought together, and pursuing both is essential to maximizing the total recovery available to your family. The distinction matters enormously, and it is one of the first things we evaluate when a family contacts our firm.
The Two-Year Deadline You Cannot Miss
The statute of limitations for a wrongful death claim in New York is two years from the date of death — shorter than the standard three-year limit that applies to most personal injury cases. If that deadline passes, your family's right to pursue compensation is lost permanently, regardless of how strong the case is.
If you are reading this page in the weeks or months following a loss, time is already moving. We can initiate the legal protective steps immediately, often without requiring you to gather documents or navigate any procedural requirements on your own. The first call costs nothing. Waiting costs everything.
Who We Pursue — and Where the Money Actually Comes From
If your family member died in a fall, a building collapse, a fire, or any other incident tied to a dangerous property condition, the property owner's liability insurance is typically the primary source of recovery. Commercial property owners and landlords in New York are required to carry substantial coverage, and we pursue those policies aggressively.
Property Owners and Their Insurance Carriers
If your family member died in a fall, a building collapse, a fire, or any other incident tied to a dangerous property condition, the property owner's liability insurance is typically the primary source of recovery. Commercial property owners and landlords in New York are required to carry substantial coverage, and we pursue those policies aggressively.
Employers, Contractors, and New York Labor Law
Construction and job site fatalities in New York are governed by some of the strongest worker-protection statutes in the country, including Labor Law Sections 200, 240, and 241. When a worker is killed on a job site, the general contractor and property owner may be held liable regardless of fault under these provisions. We have handled the full lifecycle of these cases from intake through appellate argument.
Government Entities and the MTA
When a fatal accident involves a city vehicle, a defective road, a subway incident, or any other government-owned property or operation, the claim is brought against the relevant municipal entity — and strict notice requirements apply. In most cases involving New York City, a Notice of Claim must be filed within 90 days of the date of death. Missing this deadline can eliminate the claim entirely. We identify these requirements immediately and act on them before anything else.
Government Entities and the MTA
When a fatal accident involves a city vehicle, a defective road, a subway incident, or any other government-owned property or operation, the claim is brought against the relevant municipal entity — and strict notice requirements apply. In most cases involving New York City, a Notice of Claim must be filed within 90 days of the date of death. Missing this deadline can eliminate the claim entirely. We identify these requirements immediately and act on them before anything else.
How We Handle Wrongful Death Cases
Immediate Case Evaluation at No Cost
When a fatal accident involves a city vehicle, a defective road, a subway incident, or any other government-owned property or operation, the claim is brought against the relevant municipal entity — and strict notice requirements apply. In most cases involving New York City, a Notice of Claim must be filed within 90 days of the date of death. Missing this deadline can eliminate the claim entirely. We identify these requirements immediately and act on them before anything else.
Identifying Every Source of Available Coverage
Before we can tell you what your case is worth, we need to know every insurance policy that may apply — the liable party's primary coverage, any umbrella policies, employer liability coverage, and in some cases uninsured motorist coverage. We conduct this analysis thoroughly and at the outset, not as an afterthought.
Moving Efficiently Toward Resolution
Most families do not want years of litigation. We pursue resolution through negotiation and mediation wherever that path preserves the full value of the claim. When it doesn't, we are fully prepared to take the case to trial. Eric Gottfried has conducted oral arguments in both Supreme and Appellate Courts and has completed more than 500 depositions across 30 years of plaintiff-side practice.
Keeping You Informed Without Burdening You
Grieving families should not have to chase their lawyer for updates. We communicate proactively, explain every development in plain language, and handle the procedural burden so you don't have to carry it. You handle the grief. We handle everything else.
No Fee Unless We Win
This firm works exclusively on contingency in wrongful death and personal injury cases. You pay nothing to retain us, nothing during the case, and nothing at the end unless we recover on your behalf. If we don't win, you owe us nothing.
Why Families in the Bronx and NYC Choose Gottfried Law Group
Eric Gottfried has been recognized as a New York Metro Area Super Lawyer every year from 2009 through 2026 — one of the longest consecutive streaks of any Bronx-area personal injury attorney. He was named among the Top 50 Lawyers in America in 2024. His cases and legal commentary have appeared in The New York Times, the New York Post, the Daily News, and on 1010 WINS Radio.
This is not a firm where your case gets handed to a junior associate. Eric personally handles every aspect of client matters, from the first phone call through resolution or verdict. Families dealing with a wrongful death need a lawyer who answers the phone — and that is exactly what this firm provides.
Your Family Has Rights. We're Ready to Defend Them.
The loss of a family member to someone else's negligence is among the most devastating experiences a person can face. New York law gives your family a path to accountability and financial recovery — but that path has strict deadlines and procedural requirements that must be met quickly. We are available 24 hours a day, seven days a week to take your call, answer your questions, and begin protecting your family's legal rights immediately. There is no obligation, no upfront cost, and no pressure. Just a lawyer who picks up the phone.
Frequently Asked Questions About Wrongful Death Claims in New York
Who can file a wrongful death lawsuit in New York?
Under New York's EPTL § 5-4.1, the wrongful death claim is filed by the personal representative of the deceased's estate — not by individual family members directly. The damages recovered are distributed to the distributees of the estate, which typically includes a spouse, children, and parents. An attorney can help identify the correct representative and initiate the process quickly.What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for the financial losses they suffer as a result of the death. A survival action is a separate claim that compensates the estate for what the deceased personally experienced before dying — including pain, fear, and conscious suffering. Both claims can and should be pursued together to maximize the total recovery.How long do we have to file a wrongful death claim in New York?
The statute of limitations is two years from the date of death. This is shorter than the standard three-year limit for most personal injury cases in New York. If a government entity is involved, a Notice of Claim may need to be filed within 90 days. Do not wait — contact a wrongful death attorney as soon as possible.What if the person responsible for the death doesn't have any money?
Most wrongful death claims are pursued against an insurance policy, not the personal assets of the at-fault party. Property owners, employers, contractors, and vehicle operators are all typically insured. We identify every applicable policy before advising your family on what recovery is realistically available.How much does it cost to hire a wrongful death lawyer?
Nothing upfront. Gottfried Law Group handles all wrongful death cases on a contingency fee basis — meaning we are paid only if we recover compensation for your family. The initial consultation is free, and there are no fees of any kind unless we win.
