Best New York City Wrongful Death Attorneys
in 2025Michael Rose Hach & Rose LLP |
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Our Selection Process
Attorney at Law Magazine seeks to provide consumers with a go-to list of top attorneys for their legal needs. To that end, we require all listed attorneys meet the following qualifications. The attorney must have an active license to practice law in all the states in which they are listed; the attorney must have no history of disciplinary action or criminal history; the attorney must have a minimum of five years in the practice of law; and the attorney must have a minimum of a 4+ star consumer rating. Each listing provides an at-a-glance look at some of the attorney’s top cases as well as some of the other attributes that distinguish them from their peers. If you believe any attorney listed does not meet these qualifications, please notify us via email at [email protected].
Recommendations While You Wait to Connect to an Attorney
- Gather Important Documents: Collect your loved one’s death certificate, medical records, autopsy reports (if available), and any documentation related to the incident that caused their death. These will be essential for your attorney to evaluate the case.
- Obtain the Police or Incident Report: If law enforcement responded to the event, request a copy of the police or incident report. This report often contains valuable details, such as eyewitness accounts, initial findings and official statements.
- Preserve Evidence: If possible, secure and preserve any physical evidence related to the incident. This could include clothing, damaged property, photos of the scene, or other items that may support your claim.
- Document Financial and Emotional Losses: Keep track of funeral costs, medical bills, and any financial support your loved one would have provided. Also, write down the emotional toll on your family—loss of companionship, guidance and support.
- Write Down Your Account: Record everything you know about what happened, including timelines, names of involved parties, and any communications with medical professionals or witnesses.
- Avoid Public Statements: Don’t speak with insurance adjusters or post details about the case on social media. Your words could be misinterpreted or used against your claim.
- Make a List of Questions: Think about what you want to ask the attorney regarding your rights, legal process, compensation and case expectations.
- Stay Organized: Create a file or folder to store all documents and notes so you’re fully prepared when your attorney consultation begins.
Frequently Asked Questions
- What Is a Wrongful Death Claim?
A wrongful death claim is a legal action filed when someone dies due to another party’s negligence, recklessness or intentional misconduct. These claims allow surviving family members to seek compensation for their loss, including financial support, emotional suffering and funeral expenses. Common causes of wrongful death include car accidents, medical malpractice, workplace accidents, and defective products.
- Who Can File a Wrongful Death Lawsuit?
Laws vary by state, but wrongful death claims are typically filed by close family members such as a spouse, children, or parents of the deceased. In some states, only the personal representative (executor) of the deceased person’s estate can bring the claim. Your New York City wrongful death attorney can help you determine if you’re eligible to file and how your state’s laws apply to your case.
- What Compensation Can Be Recovered in a Wrongful Death Case?
Compensation (also called "damages") in a wrongful death case may include:
- Medical bills related to the deceased’s final injury or illness
- Funeral and burial expenses
- Loss of income and benefits that the deceased would have provided
- Loss of companionship, care, and guidance
- Emotional pain and suffering
- Punitive damages (in cases of gross negligence or intentional harm) The exact amount and type of compensation vary based on the circumstances of the case and state law.
- How Long Do I Have to File a Wrongful Death Lawsuit?
Each state has a statute of limitations, which sets a deadline for filing a wrongful death lawsuit, often between one and three years from the date of death. If you miss this deadline, you may lose the right to pursue compensation. That’s why it’s important to consult a New York City wrongful death lawyer as soon as possible.
- Will I Have to Go to Court?
Not necessarily. Many wrongful death cases settle out of court through negotiation or mediation. However, if the responsible party refuses to offer a fair settlement, your lawyer may recommend taking the case to trial. A New York City wrongful death lawyer with courtroom experience will be prepared to represent your interests effectively if litigation becomes necessary.
- What Should I Bring to My First Meeting with the Attorney?
Bring all relevant documents, including the death certificate, medical records, police or accident reports, insurance information, financial statements showing loss of support, and any correspondence with involved parties. This information helps your attorney evaluate the strength of your claim and begin building your case.
- How Long Does a Wrongful Death Case Take?
Every case is different. Some wrongful death claims settle in a few months, while others may take a year or more, especially if they go to trial. Factors affecting the timeline include the complexity of the case, the willingness of the opposing party to negotiate, and the availability of evidence. Your attorney will guide you through the process and provide updates along the way.