Wrongful Death Lawyer on Long Island

If you lost a family member because of someone else's negligence, Winkler Kurtz LLP is here to help your family seek justice. Free consultation. No fee unless we win.

Trust Pills
Licensed in New York State
No Fee Unless You Win
38+ Years of Results
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YOUR RIGHTS

When can a family file a wrongful death claim in New York?

A wrongful death claim can be filed when a person dies as a result of another party's negligence, recklessness, or intentional act. Under New York Estates, Powers and Trusts Law (EPTL) Section 5-4.1, the personal representative of the deceased person's estate files the lawsuit on behalf of the surviving family members.

Common circumstances that give rise to wrongful death claims include:Fatal car, truck, or motorcycle accidents caused by a negligent driver

  1. Fatal car, truck, or motorcycle accidents caused by a negligent driver

  2. Workplace fatalities, including construction site deaths

  3. Medical errors that lead to a patient's death

  4. Defective products that cause fatal injuries

  5. Pedestrian or cyclist deaths caused by negligent drivers

  6. Fatal slip, trip, or fall accidents on dangerous property

  7. Nursing home neglect or abuse

  8. Criminal acts where a third party failed to provide adequate security

If your family member's death could have been prevented, you may have a wrongful death claim. Call 631-928-8000 for a free, confidential consultation.

WHY CHOOSE US

Why families choose Winkler Kurtz LLP

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We Handle These Cases With Care
We understand your family is grieving. Our attorneys take the legal burden off your shoulders so you can focus on your family. We communicate clearly, move at a pace that respects your needs, and never pressure you into quick decisions.
We Know New York Wrongful Death Law
EPTL 5-4.1 governs who can file, what can be recovered, and how damages are distributed. Our attorneys have handled wrongful death claims in Suffolk County Surrogate's Court, Supreme Court, and federal courts.
Proven Results
$2.25 Million
Recovered for the wrongful death of a university professor and his wife — one adult son surviving — following a motor vehicle accident.
No Fee Unless We Win
Zero Upfront Cost
Your family pays nothing upfront. We advance all costs and only collect a fee if we recover compensation for you.

OUR PROCESS

Four-step process for pursuing a wrongful death case

How it works

Your path to justice, step by step

Step01

Free, confidential consultation

We meet with you and your family, listen to what happened, and explain your legal options. No charge. No obligation.

631-928-8000
Step02

Appoint the personal representative

New York law requires a personal representative — executor or administrator — to file a wrongful death lawsuit. If your loved one had a will, the executor acts. If not, we help you petition the Surrogate's Court to appoint an administrator.

Step03

Investigate and build the case

We gather accident reports, medical records, employment records, witness statements, and expert opinions. We document the financial and emotional impact of your loss on every surviving family member.

Step04

Demand justice

We negotiate with insurance companies and at-fault parties for full compensation. If a fair settlement cannot be reached, we file suit and present your case to a jury.

DAMAGES

Compensation available in a New York wrongful death case

Under New York EPTL 5-4.1, the personal representative can seek damages for:

Medical expenses

Costs of emergency treatment and hospitalization before death.

Funeral & burial expenses

Reasonable costs incurred by the family.

Lost financial support

Income and financial contributions the deceased would have provided over their expected lifetime.

Loss of parental guidance

For minor children who lost a parent — nurturing, guidance, and moral support.

Loss of inheritance

The amount surviving distributees would have inherited had the deceased lived a natural lifespan.

Conscious pain & suffering

If the deceased suffered before death, the estate may pursue a survival action for their pain, fear, and suffering during that period.

Important note: New York does not currently allow wrongful death damages for grief, sorrow, or loss of companionship under the wrongful death statute itself. Damages are primarily economic, and the survival action covers pre-death suffering. Legislative reform has been debated, but an experienced attorney can maximize recovery within the existing framework.

TIME LIMITS

How long do you have to file a wrongful death claim in New York?

Missing these deadlines can permanently bar your claim. Call 631-928-8000 as soon as possible to protect your family's rights.

The statute of limitations for wrongful death in New York is 2 years from the date of death. This deadline is shorter than the 3-year limit for personal injury claims. If a government entity is responsible, a Notice of Claim must be filed within 90 days.

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FAQ

Common questions about wrongful death claims

  • Only the personal representative of the deceased person's estate can file. This is typically the executor named in the will or an administrator appointed by the Surrogate's Court. The recovery is distributed to surviving family members according to New York law.

  • The distributees of the estate. This typically includes the surviving spouse, children, and in some cases, parents or siblings. The Surrogate's Court oversees the distribution if the parties cannot agree.

  • These cases can take 1 to 3 years or longer, depending on the complexity of the liability and damages issues. We keep your family informed at every stage and never rush a resolution at the expense of fair compensation.

  • Yes. A wrongful death claim is a civil lawsuit, separate from any criminal prosecution. The standard of proof is lower in civil cases (preponderance of the evidence vs. beyond a reasonable doubt). You can pursue both simultaneously.

  • New York's comparative negligence rule applies. Your recovery may be reduced by the deceased person's percentage of fault, but the claim is not barred entirely.

  • Winkler Kurtz LLP handles wrongful death cases on contingency. You pay nothing unless we recover compensation. We advance all court costs, expert fees, and investigation expenses.

  • If the deceased died without a will (intestate), we help you petition the Surrogate's Court to appoint an administrator of the estate. This person then has standing to file the wrongful death lawsuit.

  • A survival action is a separate claim filed by the estate for the deceased person's pain, suffering, and fear between the time of injury and death. It can be filed alongside a wrongful death claim.

  • Yes, but special rules apply. A Notice of Claim must be filed within 90 days, and you generally have 1 year and 90 days to file suit. These deadlines are strictly enforced.

  • Death certificate, medical records, accident or incident reports, employment and financial records, testimony from family members about the impact of the loss, and expert analysis of future lost income and services. We handle the collection and organization of all evidence.