More than 7,000 people die accidental deaths in the state of New York every year. Some die due to the negligence of someone else. The negligent party might have been driving a vehicle, providing medical care, or simply failing to take care of their property. No matter what caused it, the unexpected death of a loved one can be financially and emotionally devastating.

If your family member died because someone else was negligent, you might be facing medical bills and funeral expenses for your loved one’s death. Moreover, you have lost your loved one’s support and guidance. Your loved one’s estate may be entitled to recover damages caused by someone else’s failure to exercise the duty of care they owed to others.

For more than 35 years, our team at Raskin & Kremins has represented clients in wrongful death claims in New York City, including Brooklyn, The Bronx, Manhattan, Queens, Staten Island, and the surrounding counties in New York. We rely on our knowledge, experience, and commitment to hold accountable those whose negligence resulted in the death of your loved one. Call us today to schedule a consultation to discuss your situation.

Why File a Wrongful Death Claim?

Filing a wrongful death claim will not bring your loved one back. While it will never fully compensate you for what you have lost, a successful wrongful death claim might save other families from going through the trauma of such a loss in the future because you held the negligent party accountable.

A second reason to file a claim is to ease the financial burden of your loss. As a result of your loved one’s unexpected death, you have likely incurred expenses such as funeral and burial costs, the cost of medical treatment, or the loss of your loved one’s income. A wrongful death claim is not about profiting from the death of a loved one, but rather holding someone accountable for their negligence and helping to ease your financial and emotional losses.



Wrongful Death Claims in New York

New York law requires wrongful death claims to prove five elements:

  1. A death occurred

  2. The death was caused by the wrongful act of the defendant

  3. The decedent could have pursued a personal injury claim against the defendant had the decedent lived

  4. The decedent’s survivors have suffered damages as a result of the death

  5. There are damages recoverable by the decedent’s estate

Parties Eligible to File a Wrongful Death Claim

In New York, only a decedent’s immediate family may pursue a wrongful death claim. This includes the surviving spouse, children, and parents. The action must be filed by the personal representative of the decedent’s estate for the benefit of the estate and the surviving family members. The court will usually appoint the family member raising the wrongful death action to serve as a personal representative.

In New York, there is a two-year statute of limitations from the date of death in which to file a wrongful death claim, so filing a claim promptly is of the essence.

Potential Damages

Survivors may not recover for their own pain and suffering, mental anguish, or loss of companionship, but the estate may recover damages such as:

  • Funeral, burial, and medical expenses

  • Wages and benefits the decedent lost from the onset of injury or illness to the time of death

  • Conscious pain and suffering endured by the decedent before death

  • The value of the decedent’s support and services provided to the family

  • For surviving children, the value of lost guidance, care, nurturing, and lost inheritance

The estate may also be awarded interest of 9% of the damages calculated from the date of death.

Choose a Team of Experienced Attorneys

Many of the damages awarded to an estate in a wrongful death action are not easily quantifiable. Calculating losses such as the decedent’s pain and suffering or a child’s loss of guidance and nurturing can be difficult, which is why you need an experienced New York wrongful death firm to help quantify those losses.

You also need a team of formidable attorneys who will challenge those responsible for your loved one’s death, stand up to their insurers seeking to deny your claim, and aggressively litigate a wrongful death lawsuit. A knowledgeable wrongful death attorney can help provide proof demonstrating the value of your loved one’s life and the evidence of another party’s negligence.


At Raskin & Kremins, we have gone to battle for wrongful death clients throughout New York City, including Brooklyn, The Bronx, Manhattan, Queens, Staten Island, and the surrounding counties in New York for more than three decades. Contact our office right now to schedule a free consultation to discuss your situation and start building the case for your wrongful death claim.