Did you lose a family member in an accident on Long Island, New York? Call Carrion Accident & Injury Attorneys, PLLC for a free consultation at (212) 433-3100. Our Long Island wrongful death lawyers can help you move toward as much compensation as possible, as well as a meaningful sense of justice going forward.
You can count on 212-CARRION to make your case our priority and do everything in our power to maximize the value of your claim. We can advise you on your best plan of action when we meet to review your case.
Why Hire Carrion Accident & Injury Attorneys After a Wrongful Death on Long Island, NY?
Wrongful death claims in New York are among the most legally complex personal injury cases you can bring. Families who try to navigate this process without experienced legal counsel on their side often run into procedural roadblocks that put their case at risk.
Carrion Accident & Injury Attorneys, PLLC has spent years helping families across Long Island pursue justice after the preventable loss of a loved one. Our Long Island personal injury lawyers have extensive knowledge of New York’s estate and wrongful death statutes that will set you up for success from the start.
Here is why families trust our firm:
- We bring five decades of combined experience to every wrongful death case we take on
- Our case results include multiple recoveries in the seven figures
- We can assist with opening the estate and appointing a personal representative so that your claim can proceed without unnecessary delay
- We’ll pursue both wrongful death and survival actions to ensure your family captures the full scope of the available compensation
- We’ve received awards from Super Lawyers, Martindale Hubbell, and other leading legal organizations for our services
Losing someone you love should never be compounded by legal uncertainty. Reach out to our Long Island wrongful death attorneys today for a free case review.
What Is Wrongful Death Under New York Law?
Under New York Estates, Powers and Trusts Law § 5-4.1, a wrongful death occurs when a person dies as a result of a “wrongful act, neglect or default” that would have entitled them to file a personal injury lawsuit had they survived. The wrongful conduct can take many forms, from everyday negligence to intentional criminal acts.
New York wrongful death cases are civil matters, separate from any criminal charges that may arise from the same incident. This distinction matters because the burden of proof in a civil case is lower. While a criminal conviction requires proof “beyond a reasonable doubt,” a wrongful death claim only requires proof “by a preponderance of the evidence.” That means your family can still prevail in civil court even if the responsible party is never criminally charged or is acquitted.
It is also important to understand that New York law recognizes two separate causes of action in a fatal accident case:
- Wrongful death claim: Filed on behalf of the surviving family members to recover their pecuniary (financial) losses resulting from the death
- Survival action: Filed on behalf of the decedent’s estate to recover damages the deceased person experienced before death per EPTL § 11-3.2, including conscious pain and suffering
Both claims can and should be pursued together in most cases.
Who Can File a Wrongful Death Claim on Long Island?
New York has stricter rules than most states when it comes to who is authorized to bring a wrongful death lawsuit. Unlike many jurisdictions that allow a spouse or close family member to file directly, New York requires the personal representative of the decedent’s estate to bring the claim.
The personal representative is typically the executor named in the decedent’s will. If there is no will, the court will appoint an administrator through a probate proceeding. Until a personal representative is officially in place, the wrongful death lawsuit cannot be filed.
The claim is brought on behalf of the decedent’s “distributees,” which typically includes:
- The surviving spouse
- Children of the deceased
- Parents, if there is no surviving spouse or children
- Siblings, under certain limited circumstances
Any damages recovered are distributed among the distributees based on either a mutual agreement or a court-ordered allocation reflecting each person’s financial losses.
Types of Wrongful Death Cases We Handle on Long Island
Our attorneys have decades of experience representing families in wrongful death claims arising from a wide range of circumstances.
Some of the most common types of cases we handle include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Construction site accidents
- Medical malpractice
- Workplace accidents
- Slip and fall accidents
- Defective products
- Nursing home negligence
Regardless of how your loved one’s death occurred, our legal team has the experience and resources to help you take appropriate action.
How Much Does It Cost to Hire a Wrongful Death Lawyer on Long Island?
Carrion Accident & Injury Attorneys, PLLC handles wrongful death cases on a contingency fee basis. Your family pays nothing upfront and owes no attorney’s fees unless we successfully recover compensation on your behalf.
We will walk you through the fee agreement at the beginning of your case so that you understand exactly how it works. The standard contingency percentage is typically around 33% of the recovery. If the case does not result in a settlement or verdict in your favor, you owe us nothing in terms of attorney’s fees.
How Much Is My Long Island Wrongful Death Case Worth?
The value of a wrongful death claim depends on a range of factors specific to your family’s situation and the circumstances surrounding the death. No two cases are alike, and there is no formula that can produce an exact figure at the outset.
Some of the factors our attorneys will evaluate include:
- The decedent’s age, health, and life expectancy at the time of death
- Their income, career trajectory, and earning potential
- The financial support and services they provided to their family
- The number and ages of surviving dependents
- Whether the death was instantaneous or involved a period of conscious suffering
- The strength of the evidence establishing liability
- Whether punitive damages may be warranted
Cases involving young, high-earning decedents with dependent children tend to carry the highest values, but every family’s loss is significant.
What Damages Can I Recover Through a Long Island Wrongful Death Claim?
New York’s wrongful death statute limits your financial recovery to “pecuniary injuries,” meaning your family’s financial losses resulting from the death. Unlike most states, New York does not currently allow surviving relatives to recover for their own grief, emotional suffering, or loss of companionship through a wrongful death claim.
Pecuniary damages can still be substantial, however.
They may include:
- The decedent’s lost earnings and future income
- Lost benefits such as health insurance and retirement contributions
- The value of household services the decedent provided
- Loss of parental guidance and care for surviving children
- Medical expenses related to the decedent’s final injury or illness
- Funeral and burial costs
A survival action can fill the gap, at least to some extent. As mentioned previously, you can pursue compensation for the conscious pain and suffering the deceased experienced between the time of injury and the moment of death.
What if My Loved One Is Being Blamed for the Accident?
New York follows a pure comparative negligence standard, which is one of the most favorable rules in the country for plaintiffs. Under this system, your family can still recover compensation even if the decedent bore a significant share of responsibility for the accident. Damages are simply reduced by the decedent’s assigned percentage of fault.
For example, if your loved one is found to be 40% responsible and total damages amount to $1 million, your family would still recover $600,000. There is no threshold that bars recovery entirely, no matter how much fault is attributed to the deceased.
How Long Do I Have to File a Wrongful Death Lawsuit on Long Island?
In most cases, New York law gives the personal representative two years from the date of death to file a wrongful death lawsuit. Certain claims, such as those involving medical malpractice or government entities, may be subject to different rules or shorter notice requirements. Other exceptions may also apply.
It is important to speak with an attorney as soon as possible. Taking action early can help protect your family’s rights and reduce the risk of missing important legal deadlines.
Contact Our Long Island Wrongful Death Attorneys for a Free Consultation
Losing a loved one to someone else’s negligence is an experience no family should have to endure. While nothing can undo what has happened, a wrongful death claim can provide accountability and the financial stability your family needs to move forward as best as you can.
Carrion Accident & Injury Attorneys, PLLC has over 50 years of combined experience representing families’ wrongful death cases. Contact our Long Island wrongful death attorneys today to schedule a free initial consultation and for more information.
