New York City Wrongful Death Attorney

Losing a loved one is always painful. But when their death was caused by someone else’s negligence or careless actions, that pain is often mixed with anger, confusion, and financial stress. At Michael J. Redenburg, Esq. P.C., we help grieving families in New York City understand their rights and take legal steps to seek justice through a wrongful death claim.

Wrongful death lawsuits in NYC are not just about recovering compensation — they’re about holding the responsible party accountable. Whether your loved one was tragically killed in a motor vehicle accident, a construction site incident, or due to medical malpractice, we’re here to help you navigate the legal process during one of the hardest times in your life.

We understand how the emotional and financial toll of a sudden death can weigh heavily on surviving family members. Funeral and burial costs, lost wages, and unpaid medical expenses can pile up quickly. Our law firm fights to recover compensation that eases that burden and brings a measure of justice for the wrongful death of your loved one.

New York law limits who can file a wrongful death suit — and the legal deadlines are strict. That’s why it’s important to act quickly. If you’re unsure of your options, we offer a free consultation to help you understand the circumstances surrounding your case and whether a wrongful death lawsuit is the right next step.

What Does a Wrongful Death Claim Really Mean in New York?

A wrongful death claim is a legal action brought when someone dies because of another person’s careless, reckless, or intentional actions. In New York, these claims are governed by Estates, Powers and Trusts Law (EPTL) § 5-4.1, which allows a personal representative of the deceased person’s estate to file a wrongful death lawsuit on behalf of surviving family members.

This kind of legal claim isn’t just about pointing fingers — it’s about proving that someone else’s negligence caused a tragic accident that took a life. The responsible party might be a driver, a doctor, an employer, or even a product manufacturer.

One important thing to know: the wrongful death lawsuit must be filed by the personal representative of the decedent’s estate, not directly by the family. This representative is usually named in the person’s will, or appointed by the court if no will exists.

While surviving family members — like a spouse, children, or parents — may receive compensation from a successful case, only the estate’s representative has the legal right to file the suit. This is a key difference in New York’s wrongful death statute, and it’s why having experienced legal guidance is so important.

Common Causes of Wrongful Death in New York City

New York City is one of the busiest and most complex places in the world. With millions of people, cars, and buildings packed into five boroughs, accidents can happen in an instant — and sometimes, they turn deadly. At our firm, we’ve handled many wrongful death cases caused by a wide range of tragic events.

Here are some of the most common causes of wrongful death in NYC:

• Motor Vehicle Accidents – Car, truck, and motorcycle crashes are leading causes of wrongful death across the city. Whether it’s a drunk driver running a red light or a distracted driver texting behind the wheel, these accidents often have devastating outcomes. We’ve seen fatal accidents involving pedestrians, cyclists, and construction workers just trying to do their jobs.
• Medical Malpractice – When doctors, nurses, or hospitals make critical errors — like a surgical mistake, failure to diagnose a serious illness, or medication error — the consequences can be fatal. These cases can be especially complex, and proving medical negligence often requires detailed investigation and expert testimony.
• Workplace Accidents – In industries like construction, danger is always present. Falls from heights, equipment failures, and unsafe job sites are just a few hazards that can lead to wrongful death. New York’s Labor Laws provide special protections for construction workers, but even then, employers and contractors may cut corners that cost lives.
• Defective Products and Dangerous Drugs – Sometimes a product or medication is so unsafe it causes someone’s death. From faulty brakes in a car to defective medical devices or untested pharmaceuticals, manufacturers can be held accountable when their products lead to fatal injuries.
• Criminal Acts – If your loved one was the victim of violence — such as assault or homicide — you may be able to file a wrongful death lawsuit alongside or separate from any criminal case. While criminal charges focus on punishment, a wrongful death claim seeks financial recovery for the family left behind.

Each case is different, but the common thread is someone else’s negligence or wrongful act. If your family member tragically died because of another’s actions, you may have grounds to file a wrongful death claim in New York City.

Who Has the Right to File a Wrongful Death Lawsuit in NYC?

In New York, not just anyone can file a wrongful death claim. The law is clear: only the personal representative of the deceased person’s estate has the legal authority to bring a wrongful death lawsuit. This person is either named in the decedent’s will or appointed by the court if there’s no will in place.

While surviving family members — such as a spouse, child, or parent — may benefit from any financial compensation, they do not file the lawsuit themselves. Instead, the personal representative takes legal action on behalf of the deceased person’s estate and the family.

This rule is written in EPTL § 5-4.1, New York’s wrongful death statute. It’s one of the most important things to understand before moving forward. Even if the family is grieving and seeking justice, the law requires that everything go through the estate.

Our firm often helps families through this step by assisting with court filings, helping appoint a representative if needed, and ensuring the claim is properly structured from the start. These legal details matter — especially when dealing with insurance companies and at-fault parties who may try to delay or deny a valid case.

If you’ve lost someone and aren’t sure who should file or how the process works, we’re here to help explain your rights. The legal system can be confusing, but you don’t have to go through it alone.

Wrongful Death vs. Personal Injury: What’s the Difference?

Many people wonder how a wrongful death claim is different from a personal injury case. While both involve harm caused by another’s negligence or wrongful act, the key difference lies in who suffered the harm and who brings the claim.

Personal Injury Cases:

• Filed when a person is injured but survives.
• The injured person sues the responsible party for damages like medical bills, lost wages, and pain and suffering.
• The compensation goes directly to the injured person.

Wrongful Death Claims:

• Filed when a person dies as a result of someone else’s negligence or wrongful act.
• The deceased person’s personal representative (not the family directly) files the claim on behalf of the estate and surviving family members.
• Compensation may cover funeral costs, lost future income, and the decedent’s pain and suffering, but not the emotional distress of the family — which is a key difference under New York’s wrongful death statute (EPTL § 5-4.1).

Why the Difference Matters

Understanding this distinction is crucial because the legal process, types of damages, and even who has the right to file are completely different. Families sometimes begin pursuing a personal injury case, only to face the heartbreaking reality of a death — which requires shifting the legal approach to a wrongful death lawsuit.

If you’re unsure which type of claim applies to your situation, we can help. During your free consultation, we’ll walk you through the differences and explain what steps to take next based on your unique case.

What Compensation Can Be Recovered in a Wrongful Death Case?

When a person dies because of someone else’s negligence, the law allows certain types of financial compensation to be recovered through a wrongful death lawsuit in New York. These damages are meant to ease the financial burden placed on the surviving family members, not to make up for the emotional loss — which, under New York law, is not recoverable in the same way as in some other states.

Here’s what may be recovered:

• Medical Expenses – Any bills for treatment or care related to the fatal injury can be included in the claim, especially if the person received emergency care before passing away.
• Funeral and Burial Costs – These can be expensive, and New York law allows families to seek reimbursement for funeral and burial costs directly related to the incident.
• Lost Wages and Future Earnings – If the deceased person was working and providing for their family, the loss of that income can be devastating. The law allows families to recover compensation for what the person would likely have earned over their remaining working years.
• Lost Benefits and Inheritance – This includes the value of lost health insurance, retirement contributions, and what the person would have left to their family had they lived a full life.
• Conscious Pain and Suffering – If the deceased experienced pain before their death — even if only for a short time — the estate may be able to recover damages for that suffering.

It’s important to note that emotional distress or grief experienced by the family is not compensable under New York’s wrongful death statute. This is different from some other states, and it often surprises grieving families. However, in some cases, a separate survival action can be filed for certain additional claims tied to the deceased’s suffering or the circumstances surrounding the accident.

At Michael J. Redenburg, Esq. P.C., we work closely with financial experts, medical professionals, and legal analysts to collect evidence and fully document all recoverable damages. We don’t just file paperwork — we build strong cases that help families seek the maximum possible compensation.

How to File a Wrongful Death Claim in NYC

Filing a wrongful death lawsuit in New York City isn’t something most families ever expect to do. The process can feel overwhelming, especially when you’re already dealing with the emotional pain of losing someone you love. Our legal team is here to take that weight off your shoulders — step by step.

Here’s what the legal process typically looks like:

1. Free Case Evaluation – It starts with a free consultation. We’ll listen to your story, look at any documents you have, and help you understand whether you have a case under New York’s wrongful death laws.
2. Investigation – If we move forward, we’ll begin a full investigation. This includes gathering accident reports, speaking with witnesses, collecting medical records, and sometimes working with experts. Whether the case involves medical malpractice, a motor vehicle accident, or a construction site injury, we leave no stone unturned.
3. Filing the Claim – Once we’ve built a strong case, we file the wrongful death suit on behalf of the deceased person’s personal representative. This may include claims for lost wages, burial costs, and other damages.
4. Negotiation – Most cases settle out of court. We handle all communication with insurance companies and negligent parties, always pushing for a fair settlement that reflects the true value of your loss.
5. Litigation – If the other side refuses to pay what’s fair, we don’t back down. Our law firm prepares for trial from day one. If needed, we will take your case to court and present it to a judge or jury.

Wrongful death cases in New York must usually be filed within two years of the date of death, according to the statute of limitations. That might seem like a long time, but evidence can disappear fast. Witnesses forget details. Documents go missing. The sooner you contact an attorney, the better your chances of building a strong claim.

We represent clients on a contingency fee basis — meaning you don’t pay us unless we recover compensation for you. That way, your family can focus on healing, while we focus on getting justice.

Why Families Across NYC Trust Michael J. Redenburg, Esq. P.C.

At our firm, we don’t treat wrongful death cases like numbers on a spreadsheet. We know behind every file is a family grieving the tragic loss of a loved one — someone who didn’t come home because of someone else’s negligence.

Michael J. Redenburg has spent over 15 years fighting for surviving families throughout New York City, including Manhattan, Brooklyn, and Queens. Whether the case involves a fatal accident on the streets of the Bronx or a construction worker tragically killed on a job site in Suffolk County, we approach each matter with focus, skill, and compassion.

Here’s why clients choose us:

• Proven Results – From motor vehicle accidents to premises liability and medical malpractice, we’ve recovered millions for injured New Yorkers and grieving families. We’ve handled wrongful death lawsuits involving complex facts, multiple liable parties, and uncooperative insurance companies.
• Personal Attention from Start to Finish – When you hire us, you work directly with Michael Redenburg — not a junior associate or case manager. We’re with you from the first call to the final resolution.
• Experience with New York’s Wrongful Death Statute – Not every attorney understands the strict rules that govern these claims, including who can file, what damages are allowed, and how to prove liability. We do — and we’re ready to build a solid case on your behalf.
• Local Knowledge – We know the courts, the judges, and how to build a case that speaks to a New York jury. We also understand how insurance companies operate here and how to hold them accountable.

We take pride in helping families seek justice, not just for compensation, but for peace of mind. When someone has been tragically killed, we step in to make sure their story is told — and that those responsible are held to account under the law.

Speak With a Wrongful Death Lawyer in New York City Today

If you’ve lost a loved one due to someone else’s wrongful act, you deserve answers. You deserve support. And your family deserves the chance to hold the at fault party accountable under New York law.

At Michael J. Redenburg, Esq. P.C., we offer every family a free case evaluation. There’s no pressure, no upfront cost, and no obligation. We’ll take the time to understand the circumstances surrounding your loss and explain how a wrongful death suit might help your family recover financial compensation for things like medical expenses, lost wages, and funeral costs.

Our skilled attorneys represent clients across New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Suffolk County. We work on a contingency fee basis, which means you don’t pay anything unless we win.

Let us help you take the next step toward seeking justice for your loved one. Call (212) 240-9465 or fill out our online contact form to schedule your free consultation today.