Content reviewed by:
Alex Shulman
Losing a family member because of someone else’s negligence is devastating. A wrongful death claim can hold the responsible party accountable. Families face funeral costs, lost income, and the weight of grief while trying to keep life together.
The aftermath of a wrongful death forces families to make difficult decisions under pressure. Our wrongful death lawyer in Clarkstown can help you understand your legal rights, identify liable parties, and pursue the compensation your family deserves.
Shulman & Hill Injury Lawyers has recovered more than $1 billion for clients injured through no fault of their own. Every Borough, Every Block, New York, We Got You. Call for your free consultation and learn how our personal injury lawyers in Clarkstown can help.
What Qualifies as a Wrongful Death Under New York Law?
Under New York law, a wrongful death occurs when a person dies because of another party’s negligent, reckless, or intentional act. The legal claim belongs to the decedent’s estate, and the recovery is for the benefit of eligible survivors.
Examples include deadly car or truck collisions, construction and industrial accidents, unsafe property conditions, medical malpractice, and fatal incidents involving defective machinery or products.
Criminal charges can arise from the same incident, but a civil wrongful death action is separate and focuses on compensation. Our wrongful death attorneys in Clarkstown can review the circumstances of your case and advise on your next steps.
Who Can File a Wrongful Death Claim in Clarkstown?
In New York, the personal representative (executor or administrator) files the wrongful death claim, not individual family members. If your loved one had a will, the named executor typically serves in this role. If not, the Surrogate’s Court appoints an administrator.
Although the personal representative files the case, the recovery is distributed to eligible beneficiaries such as a spouse, children, or dependents under New York’s distribution rules. Parents may recover if there is no spouse or child.
If no personal representative has been appointed yet, we help families open the estate and obtain the necessary court authority to proceed.
How Our Legal Team Can Help
We focus on compassionate communication, methodical case building, and clear advocacy through every stage of a claim or lawsuit. Our approach is thorough and tailored to the circumstances of each family.
We know how insurers evaluate risk and value in wrongful death cases. By presenting strong liability evidence and well-supported damages, we put your claim in a position for a meaningful settlement or a persuasive trial presentation.
We handle wrongful death cases on a contingency fee basis. That means you pay no retainer and no hourly fees. Our fee comes from the recovery, and if there is no recovery, you owe no legal fee.
Damages Your Family May Recover
New York focuses on pecuniary (financial) losses in wrongful death actions. These losses look at the economic impact of the death on the survivors and the estate.
Recoverable damages may include funeral and burial costs, final medical bills related to the fatal injury, loss of the decedent’s financial support, loss of household services, and the value of parental guidance and care to children.
Punitive damages may be available in cases involving egregious conduct. We assess all available categories and work with economic experts to present the full measure of the loss.
How We Prove Fault and Causation
To hold the at-fault party responsible, we must show a duty of care, a breach of that duty, causation linking the breach to the death, and the damages that followed. The evidence must connect each of these elements.
We move quickly to preserve records, capture witness statements, and secure inspection rights when needed. Early action can prevent the loss of key evidence, such as vehicle data, surveillance footage, or worksite logs. We will collect evidence such as:
- Police collision reports and investigative files
- Medical records, autopsy findings, and expert opinions
- Vehicle black-box data, scene photos, and video footage
- Maintenance, safety, and training records from employers
- Product design files and recall or testing documentation
- Testimony from eyewitnesses and subject-matter experts
Deadlines and Special Filing Rules in New York
New York’s general statute of limitations for wrongful death is two years from the date of death. Some exceptions or tolling rules may apply, such as cases involving pending criminal proceedings or when a representative has not yet been appointed.
Claims against municipal entities or public authorities often involve strict notice-of-claim requirements, sometimes as short as 90 days, and shorter time frames to sue. Cases involving medical malpractice have unique rules that can affect timing.
Because deadlines can be decisive, talk with our Clarkstown wrongful death lawyers promptly so we can evaluate the correct time limits for your situation.
Get Help from Our Wrongful Death Attorneys in Clarkstown
Losing a loved one because of someone else’s conduct leaves you with questions, bills, and a need for answers. You do not have to manage this process alone. We are ready to listen, review the facts, and outline a plan.
Our wrongful death attorneys in Clarkstown can assess your claim and pursue the compensation your family needs.
The team at Shulman & Hill has over 200 years of combined legal experience serving the New York community. Call now for your free consultation to discuss your situation and learn how we can help your family move forward.