Filing a Wrongful Death Claim in New York

If you have recently lost a loved one, we at the Law Office of Joseph J. Perrini, III want to extend our sincerest condolences. If you believe that someone else was to blame for your loved one’s death, our team is here to help.

In New York, certain surviving family members are entitled to take legal action when their loved ones die due to the negligent, reckless, or wrongful conduct of others. Although nothing can bring your loved one back, or undo the suffering you and your family have endured, a successful wrongful death claim can provide the critical resources you need to heal.

Our Long Island wrongful death attorney, Joseph J. Perrini, III, is here to provide the personal care, attention, and support you need during this immeasurably difficult time. Serving clients throughout the New York City area, he is committed to securing the justice you and your family deserve. In his nearly 30 years in practice, Attorney Perrini has successfully recovered tens of millions of dollars in compensation for his clients.

Call us today at  516-221-7900 or contact us online using our free and secure submission form. We are available 24/7 to assist you and offer FREE initial consultations.

What Is Wrongful Death?

The state of New York considers a death “wrongful” when it results from a “wrongful act, neglect, or default.” In other words, if the person who died (the “decedent”) would have been able to file a personal injury claim if they had lived, the death is likely considered wrongful.

Wrongful death cases often arise from the following:

Wrongful death cases can also arise from criminal activity, such as assault, manslaughter, homicide, and murder. These are civil cases that are separate from any criminal proceedings that may (or may not) occur. The outcome of a criminal case does not necessarily impact the outcome of a wrongful death lawsuit.

Who Can File a Wrongful Death Claim in New York?

In New York, only the personal representative (also most frequently known as the “executor”) of the decedent’s estate may file a wrongful death claim. However, damages are sought on behalf of eligible surviving family members and loved ones, as well as the estate as a whole.

You may be able to recover damages in a wrongful death lawsuit if you are the decedent’s surviving:

  • Spouse
  • Domestic partner
  • Child
  • Parent
  • Heir
  • Dependent

We invite you to contact our Long Island wrongful death attorney at the Law Office of Joseph J. Perrini, III to learn more about your legal rights and options.

Damages in Wrongful Death Cases

The purpose of a civil wrongful death lawsuit is twofold: first, it holds the at-fault party accountable and brings a much-needed sense of justice on behalf of the family. Second, it allows eligible surviving loved ones to recover monetary compensation for expenses and other losses they have suffered related to the death of their loved one.

Every case is different, but many people are able to recover the following wrongful death damages:

  • Medical expenses related to the decedent’s final treatment and care
  • Reasonable burial and/or funeral expenses
  • Financial support the decedent would have reasonably provided
  • The reasonable value of services provided by the decedent
  • The value of nurturing, guidance, and care provided by a parent to a child
  • Lost inheritance
  • Pain and suffering consciously endured by the decedent
  • Interest calculated from the date of death

Unfortunately, in New York, survivors are not able to recover compensation for their own pain and suffering, loss of companionship, loss of love, or mental distress.

Take the First Step Toward Healing Today

At the Law Office of Joseph J. Perrini, III, we understand that the grieving process takes time. However, the sooner you file a wrongful death claim or lawsuit, the better. When you reach out to our team, we can immediately begin gathering relevant details, investigating your claim, and building your case. In New York, you only have two years from the date of death to file your lawsuit, so it is important that you do not delay.

We are here to take your call 24 hours a day, 7 days a week. We offer compassionate, personalized attention and tireless advocacy, both in and out of the courtroom. Our team is ready to answer your questions and provide the guidance you need to move forward.

Call us today at  516-221-7900 or contact us online using our free and secure submission form. We are available 24/7 to assist you and offer FREE initial consultations.


When Results Matter, Your Attorney Matters

Insurance Industry Insight

Our firm knows how insurance companies operate and is prepared to leverage this insight to advocate for the recovery that you deserve.

Client-Centered Approach

For us, it is not about the money. We genuinely care about our clients and will do everything we can to make them whole after an injury.

Personalized Legal Solutions

Our firm is dedicated to providing you with undivided attention, as well as to tailoring our approach to your particular needs.

A Legacy of Results

Our experienced legal team is not afraid to go to trial on behalf of our clients and has recovered millions of dollars in the process.


Successful Verdicts & Settlements
Pedestrian Hit By Driver$2,000,000
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$2,000,000.00 to a retired woman who sustained numerous hand and wrist fractures requiring surgery while walking into the street to hail a cab.
Car Accident $1,950,000
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$1,950,000.00 to plaintiff who sustained fractures to his lower extremity when involved in an intersection accident.
Bus Accident $1,875,000
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$1,875,000.00 to an administrative assistant who was struck in the rear by a bus and sustained cervical and lumbar herniations requiring surgery.
Car Accident $1,450,000
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$1,450,000.00 to a student that was injured in a Florida highway accident who sustained a lumbar herniated disc requiring surgical intervention.
Car Accident $1,150,000
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$1,150,000.00 to student who sustained herniated discs requiring surgery while a passenger in a van that was cut off by another motor vehicle.
Automobile Accident $1,000,000
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(full policy settlement) to a middle age man involved in an automobile accident who claimed a herniated discs at L4-S1 requiring a lumbar fusion surgery. The defense contended that the herniations were pre-existing and not related to the accident.


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