Wrongful Death Attorney in New York
Trusted Trial Lawyers for Families Facing Unimaginable Loss
Losing a loved one because of someone else’s negligence or wrongful conduct can leave your family facing grief, financial stress, and urgent legal questions. If you’re looking for a wrongful death attorney in New York, it’s important to understand who can file a claim, what damages may be available, how long you have to act, and which steps can protect your family’s rights.
At Godosky & Gentile, we represent families across New York in cases involving fatal construction accidents, motor vehicle crashes, unsafe property conditions, medical negligence, nursing home neglect, workplace incidents, police misconduct, and other preventable deaths. We move quickly to investigate what happened, preserve evidence, identify liable parties, and build the case for settlement or trial.
Under New York law, the estate’s personal representative brings the claim for the benefit of the decedent’s distributees. The general filing deadline is two years after the death, although claims against public entities and those arising from medical malpractice require additional timing analysis.
If your loved one died because of someone else’s negligence, call (212) 742-9706 to speak with a wrongful death attorney in New York during a free consultation.
Why Families Turn to Our Firm After a Wrongful Death
A wrongful death case isn’t a routine injury claim. These cases often involve major financial losses, disputed liability, multiple defendants, institutional resistance, and strict deadlines. We prepare every accepted personal injury case as if it’s headed to trial, whether it ultimately resolves through settlement or requires litigation.
David Godosky was appointed to the bench by Mayor Michael Bloomberg before returning to our firm as a lead trial attorney. Anthony Gentile has more than 50 years of experience trying personal injury cases, while Jeffrey Brecker has 40 years of experience litigating malpractice and construction accident claims.
Our record in serious litigation includes:
- A $65 million medical malpractice verdict
- A $3.9 million construction accident injury verdict
- A $15 million explosion injury verdict
- A $25 million excessive force verdict
These results aren’t predictions for any wrongful death claim. They demonstrate our experience developing complex evidence, presenting substantial damages, and taking high-stakes cases through trial.
Common Situations That Can Lead to Wrongful Death Claims
Fatal incidents take many forms, and the circumstances determine which people or entities may be held responsible.
In New York, some of the most common include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Construction accidents
- Falls from heights
- Premises liability accidents
- Medical negligence
- Nursing home abuse or neglect
- Workplace accidents
- Defective products
- Police misconduct or fatal use-of-force incidents
The key legal question is whether another person, company, institution, or agency caused or contributed to the death through negligence, recklessness, or other wrongful conduct.
What a Wrongful Death Claim Can Mean for Your Family
Many families hesitate before speaking with a lawyer because no lawsuit can undo their loss. A wrongful death claim isn’t about replacing the person who died. It’s about accountability and pursuing the financial recovery the law allows for the people left behind.
A claim can seek compensation for financial losses tied to the death, expose dangerous conduct, and require responsible parties to answer for what happened. It can also uncover facts that might otherwise remain hidden. For families trying to move forward after a fatal accident, that combination of answers, accountability, and financial support can matter deeply.
Frequently Asked Questions
How Do I Know If My Family Has a Wrongful Death Case in New York?
A wrongful death case may exist when a person dies because of the wrongful act, neglect, or default of another person or entity. A civil claim may still exist even if no criminal charges were filed. A useful way to evaluate the case is to review the facts with an attorney.
Compensation Available in a New York Wrongful Death Case
New York wrongful death law is more limited than the law in some other states. Damages focus on the pecuniary injuries suffered by the people for whose benefit the action is brought. Pecuniary loss means the measurable financial value of the support, services, and benefits lost because of the death.
Depending on the facts, compensation may include:
- Lost income and financial support the deceased would likely have provided
- Loss of employment benefits and expected inheritance
- Loss of household services
- Loss of parental guidance and nurture for minor children
- Funeral and burial expenses
- Certain medical expenses related to the final injury or illness
- Interest running from the date of death
Families should also understand an important limitation under current New York law: surviving relatives generally don’t recover damages for their own grief, sorrow, or emotional anguish through the wrongful death claim itself. New York wrongful death damages are centered on pecuniary loss.
Who Is Allowed to Bring a Wrongful Death Lawsuit for My Loved One?
In New York, the personal representative of the deceased person’s estate generally brings the wrongful death lawsuit. Family members don’t sue individually on their own. The claim is pursued for the benefit of the deceased person’s distributees.
An executor serves under a will, while an administrator is appointed when the deceased didn’t leave a will. Before filing the lawsuit, the representative generally needs Letters Testamentary or Letters of Administration from Surrogate’s Court. The appointment process doesn’t pause the two-year wrongful death filing deadline.
If no representative has been appointed, estate proceedings may be necessary before the case can be filed properly. Families should speak with counsel early, especially when questions remain about the will, the estate, or who should serve as representative.
The court must also approve and allocate a wrongful death settlement or judgment before the proceeds are distributed among the distributees.
Why Choose Godosky & Gentile?
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Comprehensive Legal SupportFrom initial consultation to final resolution, delivering top-tier representation with skill, diligence, and a results-driven approach.
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Recognized ExpertiseRespected trial attorneys with a reputation for winning complex cases through precision, strategy, and an unwavering pursuit of justice.
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Client-Centered AdvocacyFiercely committed to securing justice and maximum compensation—because every client deserves a powerful voice in the legal system.
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Decades of Proven ResultsA legacy of success in high-stakes personal injury and catastrophic accident cases, built on relentless advocacy and exceptional legal strategy.
Our Approach to Investigating & Litigating Wrongful Death Cases
Every wrongful death case is different, but the goal remains the same: identify what happened, prove who’s responsible, and present the full financial and human impact of the loss clearly and persuasively.
Our work may include:
- Reviewing incident reports, medical records, employment records, and financial documents
- Preserving photos, videos, and other physical or digital evidence
- Interviewing witnesses where appropriate
- Working with qualified professionals on technical issues
- Identifying all liable individuals and entities
- Evaluating both wrongful death damages and related estate claims
- Preparing the case for settlement discussions or trial
We handle legal filings and communications with insurers and defense counsel while involving the family in important decisions. Depending on the case, litigation can include discovery, depositions, motion practice, mediation, settlement negotiations, and trial.
Factors That Can Affect the Value of a Wrongful Death Case
Wrongful death cases don’t have a fixed value. The potential recovery depends on the facts, the evidence, the available claims, and the damages that can be proven.
Factors that may affect value include:
- The deceased person’s age and health
- Earnings history and future earning capacity
- Employment benefits and expected financial support
- The value of household and parental services the person would have provided
- Medical expenses tied to the final injury
- Funeral and burial expenses
- Whether there’s a related claim for conscious pain and suffering
- The strength of the evidence against each defendant
- Whether multiple parties share responsibility
In cases involving especially reckless or morally blameworthy conduct, punitive damages may also be available through related claims where permitted by law.
What to Do After a Potential Wrongful Death in New York
Losing someone you love is overwhelming. Still, certain steps can protect your family’s legal options and preserve important evidence.
If possible:
- Keep medical records, bills, incident reports, and insurance correspondence
- Save photos, videos, emails, text messages, and witness contact information
- Obtain the death certificate and other key records
- Avoid signing releases or giving detailed statements before speaking with counsel
- Write down what you know while events are still fresh
- Contact a wrongful death attorney in New York as soon as possible
Early action helps preserve evidence, identify deadlines, and avoid mistakes that could make the case harder to prove later.
Why Ethics & Reputation Matter in a Wrongful Death Case
Wrongful death cases often involve contested facts, substantial damages, and defendants determined to avoid liability. In that environment, the law firm representing your family matters.
Our attorneys have earned Martindale-Hubbell AV® ratings and recognition from The Best Lawyers in America® and Super Lawyers. David Godosky and Anthony Gentile are Fellows of the International Academy of Trial Lawyers, and David served as President of the New York City Trial Lawyers Alliance from 2019 through 2021.
That professional standing is backed by preparation. When insurers, defense counsel, and institutional defendants know a case is being prepared for trial, they understand that the evidence and damages will be developed for presentation in court.
Talk with Our Wrongful Death Lawyers About Your Options
If your loved one died because of someone else’s negligence or wrongful conduct, speaking with a fatal accident attorney in New York can clarify whether a claim is available, which deadlines apply, and what compensation may be recoverable.
At Godosky & Gentile, consultations are free, and wrongful death cases are handled on a contingency fee basis. You pay no upfront attorney fee to start the case, and we accept no legal fee unless we secure a verdict or settlement on your behalf.
Your family may have the right to pursue compensation and accountability after a fatal accident in New York. Contact Godosky & Gentile today to discuss your legal options in a free consultation.