Losing someone you love because of another person’s carelessness is not something anyone should have to face alone. When your family is grieving and the phone will not stop ringing with insurance adjusters, hospitals, and funeral homes, you deserve a New York wrongful death lawyer who can carry the legal weight while you focus on each other.
The team at Omrani & Taub, P.C. represents families across Manhattan, Queens, Westchester, and the broader New York metro area in wrongful death claims after fatal accidents caused by negligence. Consultations are always free, always confidential, and available in English and Spanish.
Who can file a wrongful death lawsuit in New York?
Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit in New York. That representative acts on behalf of the family members who lost financial support because of the death, called distributees under state law.
Which family members typically recover?
Distributees who most often share in a New York wrongful death recovery include:
- A surviving spouse
- Minor and adult children
- Parents of a deceased minor child
- Financially dependent siblings or other relatives in specific situations
- The estate itself, for pre-death medical bills and pain and suffering (through a survival action)
What if no estate has been opened yet?
If no personal representative has been appointed, Surrogate’s Court in the county where your loved one lived must appoint one before the lawsuit can move forward. Our office handles this step for families who have not opened an estate. In most Queens and Manhattan cases, the appointment moves quickly once paperwork is filed.
Do I need to be a lawyer to serve as a personal representative?
No. It is usually a close family member. What the estate needs is a wrongful death attorney in New York who can guide the representative through:
- The Surrogate’s Court appointment
- The Notice of Claim, if a public entity is involved
- Discovery, depositions, and, if necessary, trial
Wrongful death under New York law: what counts as a valid claim
A wrongful death in New York is a death caused by another person or company’s wrongful act, neglect, or default that would have allowed the deceased to sue for personal injury if they had lived. That definition, found in New York Estates, Powers and Trusts Law (EPTL) section 5-4.1, is broader than many families expect.
Does the person at fault need to have acted on purpose?
No. Ordinary negligence is enough. A distracted driver, an unsecured load on a truck, or a landlord who ignored a broken stair can support a wrongful death claim.
Which fatal accidents most often lead to a New York wrongful death case?
- Fatal car, truck, and motorcycle crashes on the BQE, LIE, Grand Central Parkway, Van Wyck Expressway, and Cross Bronx Expressway
- Pedestrian and bicycle fatalities on New York City streets
- Fatal construction accidents involving scaffolds, falls from height, and struck-by injuries, often protected by NY Labor Law section 240 (the Scaffold Law)
- Slip, trip, or fall deaths caused by unsafe premises, including snow and ice conditions
- Fatal bus, subway, taxi, and rideshare crashes
- Deaths caused by defective or dangerous products
- Fatal DWI and distracted-driving crashes
Any death caused by another party’s carelessness may support a claim, even when police or insurance carriers frame the case as an accident with no legal remedy.
How long do I have to file a wrongful death claim in New York?
Most New York wrongful death claims must be filed within two years of the date of death, under EPTL section 5-4.1. That is shorter than the three-year deadline for a standard personal injury case, and it is one of the biggest reasons families lose the right to recover.
The two-year wrongful death clock
Key points on the standard deadline:
- The clock starts on the date of death, not the date of the accident
- Filing after the deadline usually ends the claim, no matter how strong the facts are
- Settlement talks with an insurance company do not stop the clock
The 90-day Notice of Claim for public-entity cases
If your loved one was killed in a crash involving a New York City vehicle, an MTA bus, a Metro-North train, an NYPD cruiser, a school district van, or any other public entity, shorter Notice of Claim deadlines apply when a public entity is involved. Under General Municipal Law section 50-e:
- A formal Notice of Claim must be filed within 90 days of the death
- The lawsuit itself must be filed within one year and 90 days
- Missing the 90-day notice almost always bars the claim
Does a criminal case pause the civil deadline?
No. The criminal case against the driver or company that caused the death runs on a separate track from the civil claim. Families sometimes wait for the criminal case to end before calling a lawyer and lose the civil claim in the meantime.
Are there exceptions that extend the deadline?
A few narrow ones. Courts may allow additional time if:
- The personal representative has not yet been appointed
- The deceased was a minor
- Specific tolling doctrines apply based on the facts
These exceptions are technical, and no family should rely on them without a lawyer reviewing the file.
Compensation available in a New York wrongful death case
New York wrongful death recoveries focus on the financial losses suffered by the family, called pecuniary loss in the statute. New York does not currently allow recovery for the family’s grief or emotional suffering in the wrongful death claim itself.
Pecuniary loss: what the family can recover
The wrongful death claim compensates the family for:
- Lost future earnings and benefits, based on the deceased’s age, occupation, work history, and expected years of work
- Loss of household services, including childcare, cooking, cleaning, and home maintenance
- Loss of parental care, guidance, and moral support for minor children
- Loss of inheritance in some cases
- Funeral, burial, and cremation expenses
The survival action: pain and suffering before death
Because the wrongful death statute is limited to financial harm, most families also bring a companion claim called a survival action. New York allows two parallel recoveries, a wrongful death claim and a survival action, which together often make up the full value of a family’s case.
The survival action recovers:
- Conscious pain and suffering the deceased experienced between the injury and death
- Medical bills incurred during that period
- Lost earnings between the accident and the date of death
How is a New York wrongful death case valued?
Case value depends on the specific facts, including:
- The deceased’s age, occupation, and earning history
- The number and dependency of surviving distributees
- Whether the deceased survived on the scene (which affects the survival action)
- The strength of the liability evidence
- Available insurance and asset coverage
When we build damages, we work with economists, life-care planners, and vocational experts to project what the family truly lost. The Bill of Particulars frames the damages a wrongful death case will seek, and getting that document right early sets the tone for the rest of the litigation.
What if a city bus, MTA train, or government vehicle caused the death?
Cases involving public entities move faster and follow different rules than standard wrongful death cases. If the vehicle or driver was employed by a public body, the family typically must serve a formal Notice of Claim within 90 days of the death, or the claim is barred.
Which agencies trigger the 90-day rule?
Public entities that most often show up in New York wrongful death cases include:
- The City of New York (Sanitation trucks, Parks vehicles, city-owned sidewalks)
- The MTA (subway, buses, Access-A-Ride, Metro-North, LIRR)
- The NYPD and FDNY
- NYCHA maintenance vehicles and NYCHA-owned property
- The Department of Education and school district buses
- Port Authority
What is a 50-h examination?
Once the Notice of Claim is served, the public body has the right to demand a sworn hearing called a 50-h examination before the family can file suit. At that hearing:
- The personal representative answers questions under oath
- Testimony covers the accident and the family’s losses
- The public entity uses the transcript in later litigation
The lawsuit itself must then be filed within one year and 90 days of the death in most cases.
Why families should not handle a public-entity case alone
The procedural traps are unforgiving. Our office has litigated against the City of New York, the MTA, and multiple school districts, and we manage the Notice of Claim, the 50-h hearing, and the filing on a compressed timeline.
How is a wrongful death claim different from a survival action in New York?
A wrongful death claim compensates the surviving family for their financial losses. A survival action, filed by the same estate, compensates for what the deceased personally suffered before dying. Both claims come out of the same lawsuit but cover different harm and are calculated separately.
The two claims at a glance
- Wrongful death claim: financial losses the family suffered because of the death
- Survival action: conscious pain, suffering, and medical bills the deceased experienced before dying
When the survival action matters most
The survival action adds substantial value when the loved one survived on the scene for any period before passing. In a case of instantaneous death, the survival action may be limited, and the wrongful death claim carries most of the damages.
Families sometimes assume one or the other has been filed without realizing both are available. A New York wrongful death lawyer at Omrani & Taub evaluates both and makes sure nothing is left on the table.
How much does a New York wrongful death lawyer cost?
Nothing up front. Omrani & Taub handles New York wrongful death cases on a contingency-fee basis, which means your family pays no attorney fee unless we recover money for you.
Contingency fee basics
- No fee unless there is a recovery
- Fee is a percentage of the recovery, set in a written retainer
- The retainer is reviewed with the family before anything is signed
What happens at the free consultation
During the free, confidential consultation, we:
- Review the facts of the accident and the medical history
- Explain the legal options in plain language
- Walk through applicable deadlines
- Answer questions about the estate, distributees, and next steps
Nothing about the meeting obligates the family to hire the firm.
Case expenses
Court filing fees, expert witness costs, and medical record retrieval are typically advanced by the firm and reimbursed only from a recovery at the end of the case.
Why families across the New York metro area choose Omrani & Taub
Omrani & Taub, P.C. has represented injured New Yorkers and grieving families since 1998. Partners Alex A. Omrani, Michael A. Taub, and Isaac A. Arasteh built the firm around one idea: Serious Lawyers For Serious Injuries. Wrongful death is among the most serious cases a family will ever bring.
Three things families tell us make a difference:
- You meet your attorney. Not a case manager. Not an intake screener. The lawyer handling your case is the lawyer you speak with.
- We are bilingual by design. A large share of our clients are Spanish-speaking, and our team communicates directly, without translators in the middle.
- We handle Queens, Manhattan, and Westchester courts every week. We know the judges, the defense firms, and the insurance carriers by name.
Our offices in Elmhurst, Midtown Manhattan, and White Plains put an attorney within reach of any borough or county in the metro area. When families cannot travel, we come to them.
Frequently asked questions
How much is a wrongful death case worth in New York?
Values vary widely because New York wrongful death damages are based on financial loss, not a fixed formula. A young wage earner with dependents supports a very different valuation than a retiree with no lost income. During your free consultation, we walk through the specific factors that shape value in your case, including future earnings, household services, and any survival-action pain and suffering.
Where are New York wrongful death lawsuits filed?
Most New York wrongful death cases are filed in the Supreme Court of the county where the accident happened or where a defendant lives or does business. That commonly means Queens County, New York County (Manhattan), Bronx County, Kings County (Brooklyn), or Westchester County Supreme Court. Public-entity cases follow specific venue rules that our office handles at intake.
Does a wrongful death settlement need to be approved by a judge?
Yes. Settlements in New York wrongful death cases must be approved by Surrogate’s Court, which also reviews how the money is divided among the distributees. This approval process protects minor children and other beneficiaries. Our attorneys prepare and file the compromise petition as part of representing the family through closing.
What should we do in the first weeks after a fatal accident?
Preserve every piece of evidence you can, including photos, dashcam or surveillance video, the deceased’s phone, and any personal items involved in the accident. Do not sign statements or releases from any insurance company, even one that seems friendly. Then call a New York wrongful death lawyer so the claim is protected before deadlines start running.
Do I need a lawyer to file a wrongful death case in New York?
Yes, in almost every case. Only the personal representative of the estate can file the lawsuit, the two-year deadline is shorter than for a standard injury case, and public-entity claims require formal notice within 90 days. A New York wrongful death attorney handles the Surrogate’s Court steps, the Notice of Claim if needed, and the calculation of damages so the family is not left guessing.
Can we still sue if my loved one was partly at fault for the accident?
Yes. New York uses pure comparative negligence, which means the family can recover even if the deceased was partially at fault. The recovery is reduced by the percentage of fault assigned to the deceased, but the claim is not barred, even at higher percentages. In practice, comparative negligence is one of the strongest reasons to have a lawyer building the fault story from the start.
What if the person who caused the death was uninsured?
You may still recover through uninsured motorist coverage, often called UM coverage, on the deceased’s own auto policy, a household member’s policy, or, in some cases, the vehicle they were riding in. Wrongful death claims involving uninsured drivers are common in New York, and our attorneys open UM claims alongside any third-party lawsuit so nothing is missed.
Can I file a wrongful death case in New York if I do not have legal immigration status?
Yes. Immigration status does not bar a wrongful death recovery in New York. The claim belongs to the estate, and the distributees, including undocumented family members, can share in the recovery. Our office handles these cases regularly and protects our clients’ privacy at every stage of the process.
How long does a New York wrongful death case usually take?
Most cases resolve within one to three years, depending on the complexity of the injuries, the number of defendants, and whether the case settles or proceeds to trial. Cases against public entities or with multiple insurance layers tend to take longer. We give every family a realistic timeline at the first meeting and update it as the case moves.
Talk to a New York wrongful death lawyer today
Call Omrani & Taub, P.C. for a free, confidential consultation. There is no fee unless we win.
Manhattan: 212-714-1515 | Queens: 718-714-1515 | Westchester: 914-714-1515 | Toll-free: 1-800-JUSTICE. Hablamos Español.
