Wrongful Death Attorney in NYC

Attorney Michael Gunzburg

Who Needs a Wrongful Death Attorney in New York City?

You need a wrongful death attorney if your spouse, parent, child, or close family member died because of someone else's negligence, recklessness, or intentional harm. Common wrongful death situations in New York City include families who lost loved ones in car accidents caused by drunk or distracted drivers, construction workers killed due to unsafe job sites or inadequate safety equipment, patients who died from medical malpractice or surgical errors, pedestrians or cyclists struck by vehicles, victims of defective products or dangerous premises, and nursing home residents who suffered fatal abuse or neglect.

New York's wrongful death laws are strict about who can file a claim and when. The personal representative of the deceased person's estate (typically named in a will or appointed by the court) must bring the lawsuit on behalf of eligible family members. These cases often involve multiple defendants, complex insurance issues, and aggressive defense tactics designed to minimize payouts to grieving families. Throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, insurance companies and corporations employ teams of lawyers to protect their interests, you need an experienced personal injury attorney who will fight just as hard for yours.

What Surviving Family Members Can Recover in a New York Wrongful Death Case

When someone dies because of another person's or entity's negligence, New York law allows eligible surviving family members to pursue two distinct types of compensation: damages for the family's own losses, and damages for what the deceased person suffered before death.

Loss of financial support. The most significant component in most wrongful death cases is the income the deceased would have earned over their remaining working years. This is calculated based on their age, occupation, earnings history, education, and life expectancy. Attorney Michael Gunzburg's dual credentials as a licensed personal injury attorney and Certified Public Accountant directly serve families here, the economic analysis required to document and present a lifetime of lost earnings with precision is not something most personal injury attorneys can do without hiring outside experts.

Loss of parental guidance and nurturing. For families with children, New York law allows recovery for the loss of guidance, instruction, and nurturing the children would have received from the deceased parent. This category is distinct from financial support and addresses what the children lost in terms of upbringing and relationship.

Funeral and burial expenses. Reasonable funeral and burial costs are recoverable as economic damages.

Medical expenses prior to death. If the deceased survived their injuries for a period before dying, medical expenses incurred during that time are recoverable.

The deceased's conscious pain and suffering. Under a separate cause of action called a survival claim, the estate can pursue compensation for the pain and suffering the deceased experienced between the negligent act and the moment of death. This claim belongs to the estate and runs parallel to the wrongful death claim.

One important limitation under New York law: surviving family members cannot recover for their own grief, emotional distress, or loss of companionship. New York's wrongful death statute is narrower than many other states in this respect, and it is one reason an attorney needs to document economic losses thoroughly, they carry the greatest recoverable value.

How Wrongful Death Cases Differ From Personal Injury Claims

A personal injury case is brought by the injured person. A wrongful death case is brought by the personal representative of the deceased person's estate, on behalf of the eligible surviving family members. That distinction affects nearly everything about how the case is built and resolved.

Who can file. Only the personal representative of the estate, typically the executor named in a will, or an administrator appointed by the Surrogate's Court, has standing to bring a wrongful death action in New York. If there is no will or the named executor cannot serve, the court appoints someone. This procedural requirement must be handled correctly before the lawsuit is filed.

Who receives the recovery. The personal representative brings the case, but the compensation is distributed to eligible distributees: the surviving spouse, children, and in some cases parents or other dependents. The distribution is determined by New York's EPTL and the specific losses each family member suffered.

What damages are available. A personal injury plaintiff can recover for their own pain and suffering, medical bills, and lost wages. A wrongful death claim recovers for the family's losses, primarily the financial support they have lost and will continue to lose. The deceased's pain and suffering before death is pursued separately through the estate's survival claim.

The insurance dynamic. Defendants' insurers handle wrongful death claims differently from personal injury claims. The damages calculation is more complex, the stakes are often higher, and insurers deploy more aggressive defense strategies. Families who handle early contact with insurance representatives without legal counsel frequently say things that complicate or undermine their claim.

Case Results

Michael Gunzburg, P.C. has represented families in wrongful death cases arising from medical malpractice, anesthesia errors, and negligence. The following results reflect actual cases handled by the firm.

$3.3 Million Settlement - Wrongful Death, Anesthesia Malpractice Sait, a healthy 39-year-old computer executive, entered a Fifth Avenue plastic surgeon's office for a routine elective liposuction procedure. He was declared dead on arrival at the emergency room. The anesthesiologist failed to follow the Difficult Airway Algorithm, a defined standard of care, and failed to deliver Succinylcholine, the medication required to break a laryngospasm and reopen Sait's airway. During litigation, Michael Gunzburg, P.C. discovered that both physicians had produced two anesthesiology charts when only one should exist, and that records had been altered to conceal the timeline of negligence. Sait received no oxygen for approximately 15 minutes on the operating table. The case settled for $3.3 million.

$1.75 Million Settlement - Wrongful Death, Failure to Diagnose Cancer Kelly, a 46-year-old insurance broker, raised concerns about a lesion on her vulva at every gynecologist appointment over four and a half years. Her physician treated it as a yeast infection without ever ordering a biopsy. By the time the cancer was finally diagnosed, it had spread throughout the vulva, vaginal canal, and lymph nodes. Kelly's survival odds had dropped from 80–95% to 20–40%. She underwent radical vulvectomy, chemotherapy, radiation, and multiple reconstructive surgeries. She did not survive. The settlement went to her family. Michael Gunzburg, P.C. preserved Kelly's video testimony for trial before her death and worked with a team of gynecology, oncology, and reconstructive surgery experts to build the case.

$20 Million Structured Settlement - Birth Injury, Medical Malpractice On behalf of a family whose infant was born with brain damage and cerebral palsy when a New York City physician botched the delivery. This remains one of the largest results in the firm's history and reflects what is achievable when catastrophic, permanent harm results from a physician's departure from accepted standards.

Past results do not guarantee a similar outcome in future cases.

The Two-Year Deadline, and Why It Cannot Be Extended

New York's wrongful death statute requires that a lawsuit be filed within two years of the date of death. Not two years from when the family discovered the negligence. Not two years from the conclusion of a criminal case. Two years from the date of death, with no exceptions for grief, financial hardship, or ongoing investigation.

This deadline is one of the strictest in New York personal injury law. The three-year statute that applies to standard personal injury cases does not apply here. Families who wait, often out of grief, uncertainty about the law, or a belief that the criminal justice process will handle accountability, frequently find the civil deadline has already passed when they finally contact an attorney.

Two additional deadlines intersect with the wrongful death statute and can be shorter:

If a government entity was involved, the City of New York, the MTA, a public hospital, the NYPD, or any other municipal agency, a Notice of Claim must be filed within 90 days of the death. Missing this window almost always bars the claim against the government defendant entirely, regardless of how strong the case is.

If the death resulted from medical malpractice, the medical malpractice statute of limitations may run concurrently. For cancer misdiagnosis cases, Lavern's Law adds complexity to that calculation. An attorney must identify every applicable deadline and the earliest one that controls.

The family cannot wait for the estate to be fully administered, for a medical examiner's report to be finalized, or for the criminal case to resolve before filing the civil claim. All of those processes run on separate tracks. The two-year clock runs regardless.

If you lost a family member due to someone else's negligence, contact Michael Gunzburg, P.C. as soon as possible. Evidence is time-sensitive, surveillance footage is overwritten, witnesses' recollections fade, and records become harder to subpoena as time passes. The earlier the investigation begins, the stronger the case that can be built.

Call (212) 725-8500 for a free consultation, or contact the firm online. Calls are returned within 24 hours.

What to Expect When You Hire Our Wrongful Death Attorney

Step 1: Free Consultation and Case Evaluation

We meet with your family at no cost to discuss what happened, review any available evidence (police reports, medical records, witness statements), and explain your legal rights under New York's wrongful death statute. We'll provide an honest assessment of your case and answer all your questions with compassion and clarity.

Step 2: Thorough Investigation

Our legal team immediately begins investigating the circumstances of your loved one's death. We gather and preserve critical evidence, consult with medical experts, accident reconstructionists, and other specialists, interview witnesses before memories fade, review medical records, autopsy reports, and other documentation, and identify all potentially liable parties and available insurance coverage.

Step 3: Filing the Wrongful Death Claim

We prepare and file all necessary legal documents within New York's strict deadlines. This includes the wrongful death lawsuit itself, estate administration paperwork if needed, and claims against all responsible parties (individuals, companies, government entities). We handle every detail of the legal process so you can focus on your family.

Step 4: Aggressive Negotiation

Most wrongful death cases settle before trial, but only if we can negotiate fair compensation. We deal directly with insurance companies and defense attorneys, fight against lowball settlement offers, present compelling evidence of liability and damages, and push for maximum compensation for your family's losses. We never recommend accepting a settlement unless it truly serves your family's best interests.

Step 5: Trial Preparation and Litigation

If insurance companies refuse to offer fair compensation, we're fully prepared to take your case to trial. With 39+ years of courtroom experience and numerous multimillion-dollar verdicts, we know how to present wrongful death cases to juries. We prepare expert witnesses, develop persuasive trial strategies, handle all court appearances and legal motions, and fight for justice in front of a jury when necessary.

Benefits of Hiring Michael Gunzburg, P.C. for Your Wrongful Death Case

Maximum Financial Compensation for Your Family's Future

Your family receives full compensation for all economic and non-economic losses. We've recovered millions for families throughout New York City, including compensation for funeral and burial expenses, medical bills incurred before death, lost wages and financial support your loved one would have provided, loss of inheritance, and the loss of companionship, guidance, and love. Our $10.1 million settlement for a family whose loved one was killed by falling ice and our $3.3 million recovery in a wrongful death medical malpractice case demonstrate our commitment to securing maximum compensation. These recoveries provide financial security when families need it most.

Justice and Accountability for Your Loved One

Beyond financial compensation, wrongful death cases hold negligent parties accountable. When we uncover evidence of wrongdoing, like the building owners who knew about dangerous falling ice for years but did nothing, or the doctors who altered medical records to cover up their negligence, we bring that truth to light. Holding wrongdoers accountable won't bring your loved one back, but many families find that justice provides a measure of peace and prevents others from suffering the same fate. We fight not just for compensation, but for answers, accountability, and change.

Compassionate Guidance Through an Impossible Time

Losing a family member is traumatic. Adding a legal battle to that grief feels overwhelming. We handle every aspect of your wrongful death case while you focus on healing and supporting your family. Our clients consistently tell us they appreciated our regular communication, honest advice, and emotional support throughout the process. As one client whose brother died due to medical negligence said, "They knew exactly what I was going through... I cannot tell you how thankful I was to find someone who understood." We return calls within 24 hours, explain legal processes in plain language, and treat your family with the dignity and respect you deserve during this difficult time.

No Upfront Costs, We Only Get Paid If You Win

Wrongful death cases require significant resources, expert witnesses, investigators, court costs, and countless hours of legal work. We cover all these expenses upfront, and you pay nothing unless we recover compensation for your family. Our contingency fee arrangement means families can access top-tier legal representation regardless of their financial situation. If we don't win your case, you owe us nothing.

39+ Years of Proven Trial Experience

Michael Gunzburg has spent nearly four decades representing families in wrongful death cases throughout New York City. He's taken cases from initial consultation through jury verdict, argued appeals to the highest courts in New York, and recovered over $400 million for clients. This experience matters when insurance companies and corporations deploy their most aggressive defense tactics. They know our reputation for thorough preparation and willingness to go to trial, and that knowledge strengthens our negotiating position at every stage.

Common Questions About Wrongful Death Cases in New York City

Who can file a wrongful death lawsuit in New York?

Only the personal representative of the deceased person's estate can file a wrongful death lawsuit in New York. This person is typically named in the will or appointed by the Surrogate's Court if there's no will. The personal representative files the lawsuit on behalf of eligible family members who will receive compensation, including surviving spouses, children, parents (if no spouse or children), and sometimes other dependents. Even though you cannot file the lawsuit individually, you may be entitled to compensation through the estate's wrongful death claim. We help families navigate the estate administration process and ensure all eligible family members receive the compensation they deserve.

How long do I have to file a wrongful death claim in New York?

You have two years from the date of death to file a wrongful death lawsuit in New York. However, if the death resulted from a government entity's negligence (city buses, public hospitals, poorly maintained streets), you must file a Notice of Claim within 90 days of the incident, not the death date. Missing these deadlines means losing your right to compensation forever, regardless of how strong your case is. Evidence also disappears quickly, witnesses forget details, surveillance footage is deleted, and accident scenes change. Contact us immediately at 212-725-8500 so we can protect your rights and preserve critical evidence while there's still time.

What damages can be recovered in a New York wrongful death case?

New York law allows recovery of economic losses that beneficiaries suffered due to the death. This includes funeral and burial expenses, medical expenses related to the final illness or injury, lost earnings and financial support your loved one would have provided from the date of death through their expected lifetime, lost inheritance (the money your loved one would have saved and passed on), and the value of services your loved one provided (childcare, household maintenance, guidance). New York's wrongful death statute does not allow recovery for the deceased person's pain and suffering before death (though a separate "survival action" may), but beneficiaries can recover for their own loss of companionship, guidance, and support. Every case is different, and the value depends on factors like your loved one's age, income, health, and relationship with beneficiaries.

How much does a wrongful death attorney cost in New York City?

We handle wrongful death cases on a contingency fee basis, which means you pay no upfront costs and no attorney fees unless we recover compensation for your family. Our fee is a percentage of the settlement or verdict we obtain, typically 33% if we settle before trial, though this can vary based on case complexity. We also advance all case expenses (expert witnesses, court fees, investigation costs), and you only reimburse these if we win. This arrangement allows families to access experienced legal representation regardless of their financial situation. During your free consultation, we'll explain our fee structure clearly so there are no surprises.

What if my loved one was partially at fault for the accident?

New York follows a "pure comparative negligence" rule, which means you can still recover compensation even if your loved one shared some fault for the accident. However, your recovery will be reduced by their percentage of fault. For example, if your case is worth $1 million and your loved one was found 20% at fault, your family would recover $800,000. Insurance companies often try to shift blame to the deceased person to reduce their payout, especially when the victim isn't here to defend themselves. We aggressively counter these tactics by presenting evidence of the defendant's negligence and minimizing any alleged fault of your loved one.

How long does a wrongful death case take in New York City?

Wrongful death cases typically take 18 months to 3 years from filing to resolution, though some settle sooner and complex cases can take longer. The timeline depends on several factors: the complexity of your case (multiple defendants, disputed liability, extensive damages), how cooperative the defendants and insurance companies are, court scheduling and availability, and whether the case goes to trial or settles. While we work efficiently to resolve your case as quickly as possible, we never rush to accept an inadequate settlement. Our priority is securing maximum compensation for your family, whether that takes months or years.

What evidence is needed to prove a wrongful death claim?

A successful wrongful death claim requires proving three elements: the defendant owed a duty of care to your loved one, the defendant breached that duty through negligence or wrongful conduct, and that breach directly caused your loved one's death. Evidence varies by case type but typically includes police reports and accident reconstruction, medical records and autopsy reports, eyewitness testimony, photographs or video of the accident scene, employment and financial records showing lost income, and expert testimony (medical experts, engineers, economists). We handle all evidence gathering and work with top experts to build the strongest possible case. Many families worry they don't have enough evidence, but often we uncover critical proof through our investigation that wasn't initially obvious.

Can I file a wrongful death claim if the death occurred at work?

Yes, but it's complicated. If your loved one died in a workplace accident, you typically receive workers' compensation death benefits, which cover funeral expenses and provide ongoing financial support to dependents. However, workers' compensation is usually your exclusive remedy against the employer, you cannot sue them for wrongful death. But you may be able to file a wrongful death lawsuit against third parties whose negligence contributed to the death, such as equipment manufacturers (defective machinery), property owners (unsafe premises), contractors or subcontractors, or drivers (vehicle accidents). Construction accidents particularly offer these third-party claims under New York Labor Law. We help families maximize recovery by pursuing all available claims, both workers' compensation benefits and third-party wrongful death lawsuits.

Areas We Serve

Michael Gunzburg, P.C. represents families in wrongful death cases throughout New York City and surrounding areas. We serve clients in all five boroughs, Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as Nassau and Suffolk Counties. Whether your loved one died in a car accident in Midtown Manhattan, a construction accident in downtown Brooklyn, medical malpractice at a Queens hospital, a pedestrian accident in the Bronx, or a nursing home in Staten Island, we're here to help. Our New York City office is conveniently located, and we can meet with you at your home if travel is difficult during this time.

Other Personal Injury Services We Offer

• Car Accident Attorney in New York City - representing drivers, passengers, and pedestrians injured or killed in vehicle collisions across all five boroughs
• Truck Accident Lawyer in NYC - fatal truck accidents involving commercial carriers, delivery vehicles, and tractor-trailers
• Construction Accident Lawyer - fatal and catastrophic injuries on New York City job sites, including scaffold collapses, falls, and equipment failures
• Medical Malpractice Lawyer NYC - deaths and serious injuries caused by physician negligence, hospital errors, and departures from the standard of care
• Birth Injury Lawyer - catastrophic birth injuries including brain damage and oxygen deprivation caused by delivery room negligence
• Anesthesia Error Attorney - wrongful death and serious injury from anesthesia mistakes during surgery
• Surgical Errors - injuries and deaths caused by operating room negligence, wrong-site surgery, and post-operative failures
• Hospital Malpractice - institutional negligence by hospitals, emergency rooms, and medical staff throughout New York City
• Product Liability Attorney - deaths and injuries caused by defective vehicles, medical devices, machinery, and consumer products