516-227-2662
Wrongful Death Claims
Wrongful Death Attorneys
Compassionate legal representation for families who have lost loved ones due to negligence. Over 40 years fighting for justice and accountability.
Understanding Wrongful Death Claims
When negligence or misconduct causes a preventable death, families have legal rights
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when someone dies due to another party's negligence, recklessness, or intentional misconduct. Under New York law (EPTL § 5-4.1), the estate of the deceased person can seek compensation for the losses caused by the death. These claims provide families a path to justice and financial recovery after preventable loss.
Who Can File a Wrongful Death Claim?
In New York, only the personal representative of the deceased's estate can file a wrongful death lawsuit. However, the compensation benefits multiple family members.
Why Choose Licatesi Law Group for Wrongful Death Cases?
Compassionate advocacy combined with aggressive legal representation
40+ Years Experience
Decades of successfully representing grieving families throughout New York
Compassionate Support
Understanding and empathy during your most difficult time
No Fee Unless We Win
Contingency fee basis—focus on healing, not legal bills
Proven Results
$100M+ recovered for clients across all practice areas
Common Causes of Wrongful Death
Tragic deaths from preventable accidents and negligence
Auto Accidents
Drunk driving, distracted driving, reckless operation, truck accidents
Medical Malpractice
Surgical errors, misdiagnosis, medication errors, birth injuries
Workplace Accidents
Construction accidents, industrial accidents, unsafe working conditions
Nursing Home Neglect
Abuse, neglect, inadequate care, preventable injuries
Defective Products
Dangerous consumer products, manufacturing defects, design flaws
Premises Liability
Unsafe property conditions, inadequate security, slip and falls
Pedestrian Accidents
Crosswalk accidents, hit and run, driver negligence
Criminal Acts
Assaults, murders due to inadequate security or supervision
Drowning
Pool accidents, lack of supervision, unsafe water conditions
Wrongful Death Compensation
Families may recover various types of damages for their loss
Economic Damages
Medical expenses before death
Funeral and burial costs
Lost income and future earnings
Loss of benefits (pension, health insurance)
Value of household services
Lost inheritance
Non-Economic Damages
Loss of companionship and consortium
Loss of parental guidance and nurturing
Mental anguish and emotional suffering
Loss of love, affection, and care
Loss of protection and support
Grief and bereavement
Special Considerations
Punitive Damages
In cases of extreme recklessness or intentional harm, punitive damages may be awarded to punish the defendant and deter similar conduct.
Distribution of Settlement
New York law dictates how wrongful death proceeds are distributed among surviving family members, typically based on intestacy laws
How We Handle Your Wrongful Death Case
Losing a loved one to someone else's negligence is devastating. We provide compassionate legal guidance while fighting for justice and the compensation your family deserves.
1. Compassionate Initial Consultation
We understand this is the most difficult time for your family. During your free, confidential consultation at (516) 227-2662, we listen with compassion, explain wrongful death law in clear terms, identify who can file the lawsuit (personal representative of estate), and assess the strength of your case. We handle all legal complexities so you can focus on your family.
2. Immediate Investigation & Evidence Preservation
Time is critical in wrongful death cases. We immediately begin investigating: obtaining accident reports, medical records, and autopsy reports, preserving physical evidence before it disappears, interviewing witnesses while memories are fresh, consulting with medical examiners and forensic experts, identifying all liable parties and insurance coverage, and documenting the full scope of your family's loss. Early investigation prevents evidence destruction.
3. Appointing Personal Representative & Meeting Deadlines
New York law requires a personal representative (executor/administrator) of the deceased's estate to file wrongful death claims. We guide the family through Surrogate's Court proceedings to appoint a representative if one wasn't already named. We ensure the 2-year statute of limitations is met—wrongful death claims must be filed within 2 years of the death, and we don't wait until the last minute.
4. Comprehensive Damages Calculation
We work with economists, financial experts, and medical professionals to calculate the full value of your family's loss: loss of financial support (wages, benefits, household services), funeral and burial expenses, medical expenses before death, loss of parental guidance for children, loss of companionship, love, and emotional support, pain and suffering the deceased endured before death (separate survival claim), and lost inheritance (what deceased would have left to family). We document every aspect of your family's financial and emotional loss.
5. Filing Lawsuit & Discovery Process
We file wrongful death and survival action claims against all responsible parties (negligent drivers, employers, property owners, manufacturers, medical providers, etc.). During discovery, we depose defendants and witnesses, obtain employment and financial records proving earning capacity, review life expectancy and financial dependency calculations, and retain expert witnesses to testify about negligence, causation, and damages. We build an ironclad case proving liability and full damages.
6. Settlement Negotiation & Mediation
Wrongful death cases often involve multiple insurance policies and substantial settlement values. We negotiate aggressively with defense counsel and insurance companies, presenting comprehensive damages documentation and expert reports. Many wrongful death cases settle for $1 million to $10 million+ depending on the deceased's age, earning capacity, family circumstances, and degree of negligence. We only settle when the offer fairly compensates your family's loss—we're prepared to go to trial if necessary.
7. Trial & Final Recovery
If settlement negotiations fail, we present your case to a jury with compelling testimony from family members, expert economists and medical professionals, evidence of the defendant's negligence, and documentation of your family's loss. We've successfully tried wrongful death cases securing multi-million dollar verdicts. After verdict or settlement, we handle distribution to eligible family members per New York law, resolve any outstanding liens or claims, and ensure your family receives compensation promptly.
Our Locations
Brooklyn NY Office
Address
3857 Kings Highway, #1f
Brooklyn, New York 11234
Contact Information
Licatesi Law Group, LLP is located in Uniondale, NY and serves clients throughout Long Island, including Mineola, Carle Place, New Hyde Park, Franklin Square, West Hempstead, Woodbury, Uniondale, Floral Park, Westbury, Glen Oaks, Elmont, Malverne, Rockville Centre, Roosevelt, East Meadow, Bellerose, Valley Stream, Roslyn, Lynbrook, Baldwin, Little Neck, Queens Village, Nassau County, Queens County, The Bronx, Brooklyn, NYC, Westchester and Suffolk County.
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