WRONGFUL DEATH

NEW YORK WRONGFUL DEATH ATTORNEY: JUSTICE FOR GRIEVING FAMILIES

Losing a loved one to someone else’s negligence or misconduct creates an unimaginable burden—emotional devastation coupled with financial hardship and uncertainty.

At The Fastman Law Group, our dedicated New York wrongful death attorneys have secured millions in compensation for families throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island who have suffered these tragic losses. Our Fast-Track Litigation System™ delivers the swift justice families deserve while they focus on healing. During this difficult time, you need more than legal representation—you need advocates who understand both the legal complexities and the emotional weight of wrongful death claims. Trust The Fastman Law Group to accelerate your path to justice and financial security.

WHAT CONSTITUTES A WRONGFUL DEATH CLAIM IN NEW YORK

Under New York law, a wrongful death claim arises when a person’s death is caused by the wrongful act, neglect, or default of another party. These claims provide financial compensation to surviving family members and the deceased person’s estate. Understanding the fundamental elements of these cases is crucial:

Legal Requirements

To establish a valid wrongful death claim in New York, we must prove:

  • A death occurred
  • The death was caused by another party’s negligent or intentional actions
  • The deceased person would have had grounds for a personal injury lawsuit had they
    survived
  • Surviving family members suffered financial losses as a result of the death
  • A personal representative has been appointed for the deceased’s estate
Common Causes of Wrongful Death

The Fastman Law Group has successfully represented families in wrongful death cases stemming from various circumstances:

  • Motor vehicle accidents (car, truck, motorcycle, pedestrian)
  • Medical malpractice and healthcare negligence
  • Construction and workplace accidents
  • Premises liability incidents
  • Defective products and dangerous medications
  • Nursing home neglect and abuse
  • Criminal acts and security negligence
  • Public transportation accidents
  • Aviation disasters
  • Maritime incidents
Statute of Limitations

In New York, wrongful death claims generally must be filed within two years from the date of death. However, the timeline can vary based on:

  • The specific cause of death
  • Whether a government entity is involved
  • If the death resulted from medical malpractice
  • Discovery of previously unknown facts

Missing these deadlines can permanently bar your family from receiving compensation, making prompt legal consultation essential after a sudden loss.

NEW YORK WRONGFUL DEATH LAWS AND YOUR FAMILY'S RIGHTS

New York’s wrongful death laws have specific provisions that distinguish them from other states’ statutes. Understanding these laws is crucial to maximizing your family’s recovery:

Who Can File a Wrongful Death Claim

Unlike many states that allow family members to file directly, New York requires:

  • The personal representative of the deceased’s estate must file the lawsuit
  • This representative is typically named in the will or appointed by the court
  • The action is filed on behalf of beneficiaries and the estate
  • Damages are distributed to qualifying family members
Recoverable Damages in New York

New York law allows recovery of specific economic damages:

  • Funeral and burial expenses
  • Medical expenses related to the fatal injury or illness
  • Loss of income and financial support
  • Loss of inheritance
  • Loss of parental guidance and nurturing (for children)
  • Loss of services the deceased provided to the household
  • Conscious pain and suffering of the deceased before death
Limitations on Non-Economic Damages

Unlike many states, New York wrongful death law has significant restrictions:

  • No recovery for emotional anguish or grief of surviving family members
  • No compensation for loss of companionship or consortium (with limited exceptions)
  • Focus primarily on financial losses rather than emotional impact

The Fastman Law Group understands these limitations and develops strategic approaches to maximize recovery within New York’s legal framework. We thoroughly document all allowable damages and advocate for the fullest possible compensation under the law.

WHO CAN RECOVER COMPENSATION IN A NEW YORK WRONGFUL DEATH CASE

New York law restricts wrongful death compensation to specific family members who have suffered financial losses. Understanding who qualifies as a beneficiary is essential:

Primary Beneficiaries

Under New York’s Estate Powers and Trusts Law (EPTL), damages are distributed to:

  • Surviving spouse
  • Children (including adopted children)
  • Parents (if no spouse or children survive)
  • Dependent siblings (in some circumstances)
Distribution Priority

Compensation is generally distributed:

  • According to the financial losses each beneficiary suffered
  • Based on their degree of dependency on the deceased
  • With priority typically given to spouses and minor children
  • Following the court’s determination of fair apportionment
Special Considerations

Special situations require careful legal handling:

  • Children born outside marriage may recover with proof of paternity
  • Stepchildren must generally show formal adoption to qualify
  • Parents of adult children must demonstrate financial dependency
  • Non-traditional family structures may face additional legal hurdles

The Fastman Law Group works closely with families to identify all qualified beneficiaries and document their specific losses. Our thorough approach ensures no eligible family member is overlooked and each person’s damages are fully represented in the claim.

TYPES OF WRONGFUL DEATH CASES WE HANDLE

The Fastman Law Group has extensive experience representing families in all types of wrongful death cases throughout New York. Our attorneys bring specialized knowledge to each case type:

Motor Vehicle Fatalities
  • Car accident deaths
  • Truck and commercial vehicle fatalities
  • Motorcycle accident deaths
  • Pedestrian and cyclist fatalities
  • Rideshare (Uber/Lyft) fatal accidents
  • Drunk driving victims
  • Hit-and-run fatalities
Medical Malpractice Deaths
  • Surgical errors leading to death
  • Misdiagnosis of fatal conditions
  • Medication and anesthesia errors
  • Birth injuries resulting in infant death
  • Emergency room negligence
  • Hospital-acquired infections
  • Nursing home neglect and abuse
Workplace and Construction Fatalities
  • Falls from heights
  • Struck-by accidents
  • Electrocutions
  • Trench collapses
  • Equipment malfunctions
  • Toxic exposure
  • Building collapses
  • Explosion and fire deaths
Other Wrongful Death Scenarios
  • Premises liability fatalities
  • Defective product deaths
  • Aviation and boating accidents
  • Criminal acts and inadequate security
  • Drowning incidents
  • Poisoning and toxic exposure
  • Public transportation deaths
  • Child supervision negligence

Each case type involves unique laws, regulations, and investigative approaches. Our wrongful death attorneys have the specific expertise needed to navigate these complexities while maintaining our commitment to accelerated resolution.

WHY FAST LEGAL REPRESENTATION IS CRUCIAL IN WRONGFUL DEATH CASES

After losing a loved one to negligence, grieving families face tremendous pressures. Critical evidence disappears quickly, insurance companies begin building defenses, and financial hardships mount rapidly. The Fastman Law Group’s immediate response approach provides significant advantages during this difficult time:

Evidence Preservation
  • Accident scene documentation before changes occur
  • Vehicle or equipment preservation before repairs
  • Witness statements while memories are fresh
  • Surveillance footage secured before deletion
  • Electronic data (black boxes, medical records) preserved
  • Physical evidence collection and analysis
  • Proper autopsy procedures and documentation
Protection From Insurance Tactics
  • Prevention of harmful recorded statements from family members
  • Blocking of quick, undervalued settlement offers
  • Documentation of all damages before records become difficult to obtain
  • Strategic communication that protects family privacy
  • Professional handling of all insurance interactions during grief
Financial Protection Benefits
  • Immediate investigation of available insurance coverage
  • Identification of all potential defendants and sources of recovery
  • Protection against mounting medical and funeral bills
  • Guidance regarding estate matters and probate
  • Preservation of claims before deadlines expire
  • Support during financial transition after loss of income

The Fastman name isn’t just who we are—it’s how we work, even during the most sensitive cases. Our compassionate yet efficient approach provides families with both the emotional support and legal momentum needed during this challenging time.

BUILDING A COMPELLING WRONGFUL DEATH CASE IN NEW YORK

Wrongful death claims require thorough investigation and strategic legal approaches to establish liability and secure maximum compensation. The Fastman Law Group employs proven methodologies to build compelling cases:

Establishing Duty of Care

We meticulously document the defendant’s legal obligations:

  • Driver’s duty to operate vehicles safely
  • Medical provider’s duty to meet standard of care
  • Property owner’s duty to maintain safe premises
  • Employer’s duty to provide safe working conditions
  • Manufacturer’s duty to produce safe products
  • Government entity’s duty to maintain infrastructure
Proving Negligence or Misconduct

Our investigation focuses on demonstrating breaches of duty:

  • Comprehensive accident reconstruction
  • Expert testimony on standard of care violations
  • Documentation of safety regulation violations
  • Analysis of policies and procedures
  • Examination of prior incidents or complaints
  • Review of training and supervision practices
Causation Documentation

We establish the direct link between negligence and death:

  • Medical expert testimony on cause of death
  • Timeline analysis connecting actions to outcomes
  • Elimination of alternative causes
  • Demonstration of foreseeability
  • Documentation of the chain of events
  • Analysis of contributing factors
Damages Quantification

Our thorough approach to calculating losses includes:

  • Economic projections of lifetime earnings
  • Actuarial analysis of life expectancy
  • Documentation of services provided to family
  • Calculation of medical and funeral expenses
  • Valuation of pain and suffering before death
  • Expert testimony on financial impact

This systematic methodology allows us to present clear, compelling evidence that maximizes the likelihood of a favorable settlement or verdict for your family.

THE FASTMAN ADVANTAGE FOR NEW YORK WRONGFUL DEATH CLAIMS

The Fastman Law Group brings specialized expertise to wrongful death cases that sets us apart from general practice firms. Our attorneys understand both the complex legal aspects and the profound emotional dimensions of these sensitive cases.

This multidisciplinary approach allows us to build compelling cases that establish clear liability while accurately valuing the full extent of your family’s damages—all while moving your case forward at an accelerated pace.

Our attorneys are not only skilled litigators but compassionate counselors who understand the delicate balance between pursuing justice vigorously and respecting your family’s grieving process. We handle the legal burdens so you can focus on healing.

Attorneys with specific wrongful death case expertise

Life care planners for surviving dependent calculations

Medical experts who specialize in determining causes of death

Economic analysts for future income projections

Accident reconstruction specialists

Grief counseling referral networks

Estate and probate specialists

Structured settlement experts

Get the Justice and Compensation You Deserve

Client-Centered Communication

Comprehensive Support Services

Privacy Protection

Our approach balances aggressive legal advocacy with sensitive support for grieving families:

COMPASSIONATE GUIDANCE THROUGH THE LEGAL PROCESS

At The Fastman Law Group, we understand that no amount of compensation can replace your loved one. 

Our attorneys serve as both legal advocates and compassionate guides, helping your family navigate the complex wrongful death claim process with dignity while still pursuing swift results. We handle the legal burden so you can focus on remembering your loved one and rebuilding your life.

The Fastman Law Group providing high-quality legal services, dedicated client advocacy, and trusted personal injury representation in New York City

THE FASTMAN FAST-TRACK PROCESS FOR WRONGFUL DEATH CLAIMS

The Fastman Law Group has developed a compassionate yet efficient approach to wrongful death cases that accelerates your path to resolution without compromising results:

While wrongful death cases involve significant emotional and legal complexity, our systematic yet sensitive approach allows us to resolve many claims significantly faster than other firms— often within 6-9 months rather than the 2-3 years typical in the industry.

Process 1

Immediate Response and Investigation
  • Initial family consultation with senior attorney
  • Preservation of critical evidence
  • Witness identification and interviews
  • Accident reconstruction initiation
  • Death certificate and medical record acquisition
  • Police and incident report analysis
  • Personal representative appointment assistance

Process 2

Comprehensive Case Building
  • Complete liability investigation
  • Insurance coverage identification
  • Defendant asset investigation
  • Economic expert consultation
  • Lifetime earnings calculation
  • Dependency analysis for beneficiaries
  • Pain and suffering documentation
  • Medical causation confirmation

Process 3

Strategic Claim Preparation
  • Comprehensive settlement demand package
  • Supporting documentation organization
  • Economic damage calculation
  • Liability presentation with expert support
  • Settlement negotiation strategy development
  • Family input on settlement parameters
  • Structured settlement analysis when appropriate

Process 4

Respectful but Aggressive Negotiation
  • Initial settlement discussions
  • Strategic counteroffers
  • Mediation when appropriate
  • Clear communication of trial readiness
  • Timeline pressure implementation
  • Regular family consultation on offers

Process 5

Litigation Preparation
  • Lawsuit filing with accelerated timeline requests
  • Discovery focused on key liability and damage issues
  • Strategic depositions of critical witnesses
  • Expert witness preparation
  • Trial exhibit development
  • Family preparation for court proceedings

LEARN HOW WE'LL RESPECTFULLY EXPEDITE YOUR CASE

Contact us today!

SUCCESSFUL WRONGFUL DEATH CASE RESULTS

Our wrongful death attorneys have secured substantial settlements and verdicts for families throughout New York. While past results don’t guarantee future outcomes and each case is unique, they demonstrate our commitment to maximizing compensation while accelerating resolution timelines during difficult times.

Featured Results

Fatal construction site fall under Labor Law 240
$ 1 Million
Medical malpractice resulting in preventable death
$ 1 Million
Commercial truck collision fatal accident
$ 1 Million
Pedestrian killed in crosswalk
$ 1 Million
Fatal defective product case
$ 1 Million

WHAT FAMILIES SAY ABOUT OUR REPRESENTATION

over 100+ people trust us
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Big Boyken
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Awesome service great settlement
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Jireh Nissi
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The Fastnan Law Group did a great job with my car accident case. They made sure my medical bîlls were paid and got me a great settlement. I highly recommend them for injury cases
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Fatiful Sul
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Harley Fastman is a great personal injury attorney. He obtained a great settlement for me and handled my case professionally! I highly recommend him!
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Ericka Lubin
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Harley Fastman did a great job on my case. He made sure my bills were paid and got me a great personal injury settlemen
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Erlin Ramirez
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Dean and Harley have helped me many times. I love their Office! They truly care about me and my family!
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Leo Ramirez
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Dean and Harley did a great job on my case! Got me a great settlement and made sure my bills got paid. I highly recommend the fastman Law Group!
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Steven Ramirez
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Harley Fastman and Dean Ferdenzi did A great job with my personal injury accident case. I highly recommend The Fastman Law Group if you have been involved in an accident
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jose rodriguez
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Muchas gracias a El hombre rápido, Harley and Dean, por ganar mi caso son los mejores.
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Jazmin Girett
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Harley Fastman did a great job with my case! His office staff is wonderful. I highly recommend them!
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Blas Gini
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Harley Fastman did a great job with my case! He got me a great personal injury settlement!

SECURING YOUR FAMILY'S FINANCIAL FUTURE AFTER LOSS

The sudden loss of a family member often creates immediate and long-term financial hardships. The Fastman Law Group works diligently to secure comprehensive compensation that provides stability and security:

Immediate Financial Needs
  • Funeral and burial expenses
  • Outstanding medical bills
  • Mortgage or rent payments
  • Household expenses during transition
  • Childcare during the adjustment period
  • Time off work for grieving and arrangements
Long-Term Financial Security
  • Replacement of lost income and benefits
  • Future projected earnings and raises
  • Pension and retirement contributions
  • Health insurance coverage
  • Educational expenses for children
  • Loss of inheritance potential
  • Household services replacement costs
Structured Settlement Benefits

For many families, structured settlements provide advantages:

  • Guaranteed income stream
  • Tax-free payments
  • Protection from poor investment decisions
  • Customized payment schedules for future needs
  • Educational funding at college age
  • Supplemental needs trust coordination for disabled beneficiaries

Our wrongful death attorneys work with economic experts, financial planners, and structured settlement specialists to develop compensation plans that provide both immediate relief and long-term security. We ensure your recovery addresses both current hardships and future needs.

FREQUENTLY ASKED QUESTIONS ABOUT WRONGFUL DEATH CLAIMS

Common Legal Questions

Have additional questions about your family’s wrongful death case? View our complete wrongful death FAQ or contact us directly for compassionate answers.

In New York, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This is typically the executor named in the will or an administrator appointed by the court if there was no will. The lawsuit is filed on behalf of surviving family members and the estate.

New York allows recovery for economic losses including medical and funeral expenses, lost wages and benefits the deceased would have earned, lost inheritance, value of support and services the deceased would have provided, and conscious pain and suffering experienced before death. Unlike some states, New York doesn’t permit recovery for emotional suffering of surviving family members.

Generally, wrongful death claims in New York must be filed within two years from the date of death. However, this deadline can vary based on the circumstances—claims against government entities require a Notice of Claim within 90 days, and medical malpractice cases have different timelines. Consulting with an attorney promptly is crucial to preserve your rights.

Most wrongful death cases settle before trial, but The Fastman Law Group prepares every case as if it will go to court. This thorough preparation often results in stronger settlement offers from insurance companies. Our reputation for trial success frequently motivates insurers to offer fair settlements earlier in the process.

The Fastman Law Group handles wrongful death cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family. Initial consultations are always free, and we advance all costs of litigation throughout your case. This allows families to pursue justice regardless of their financial situation during this difficult time.

CONTACT NEW YORK'S COMPASSIONATE AND EFFICIENT WRONGFUL DEATH ATTORNEYS

If you’ve lost a loved one due to someone else’s negligence or misconduct, The Fastman Law Group offers free, confidential consultations to discuss your family’s legal options. Our compassionate attorneys understand the profound impact of your loss and will guide you through the legal process with both sensitivity and efficiency.

The statute of limitations restricts how long you have to file a wrongful death claim in New York. Contact our experienced wrongful death attorneys today to protect your family’s rights and begin your path toward justice and financial security.

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