NEW YORK WRONGFUL DEATH ATTORNEY

New York Wrongful Death Attorney

Legally Reviewed by:

Alex Nocerino

Alex Nocerino is a founding partner at our firm and a successful trial lawyer with roots in New York. He is a member of the New York State Bar Association, the New York State Trial Lawyers Association, and the American Association for Justice. He has helped injured individuals win hundreds of millions in compensation from large corporations, government entities, and wealthy landlords.

With 18 years of experience, he has been recognized as a Super Lawyer since 2019 and has a five-star Avvo rating. He is a true New Yorker and a successful trial lawyer who is unafraid to go up against even the powerful and combative defendants.

Content Last Updated: April 24, 2024

Wrongful death cases are emotionally challenging for everyone involved. At Chopra & Nocerino, LLP, our New York wrongful death attorneys understand how to navigate the complex landscape of wrongful death laws. We will fight for justice and maximum compensation while you focus on caring for yourself and your family. Our aggressive strategies and client-first approach set us apart from the rest.

Losing a loved one is one of the most difficult experiences a family can face. Knowing their death was preventable makes it even more heart-wrenching. If you are facing this situation, our hearts go out to you.

“Wrongful death” is a legal term that may sound insensitively technical, but it is crucial to understand what it means when seeking justice for your family’s loss. A wrongful death occurs when someone is killed due to another’s reckless, negligent, or intentional actions, and a wrongful death lawsuit can help you hold the liable party responsible for your losses.

No amount of money could ever make up for the loss of a loved one, but the attorneys at Chopra & Nocerino, LLP, are here to help you secure the justice and accountability your family deserves. We are seasoned New York wrongful death attorneys and ready to guide you through the legal process during this challenging time. Schedule your free consultation today by filling out our online form.

What Constitutes a Wrongful Death in New York?

Wrongful death lawsuits are brought against parties who cause another’s death through negligence, recklessness, or intentional harm. Unlike in a criminal case, where the state prosecutes the wrongdoer, a wrongful death claim is a civil lawsuit filed by the deceased person’s personal representative on behalf of their surviving family. Where criminal prosecution seeks to punish the responsible party, wrongful death lawsuits are meant to compensate you and your family for the loss of your loved one.

Wrongful Death Scenarios

A wrongful death can occur in innumerable ways. Common causes include:

Auto accidents caused by reckless driving
Medical malpractice, such as surgical errors or misdiagnosis
Premises liability accidents on unsafe properties
Workplace accidents, often in high-risk industries like manufacturing, construction, mining, extraction, transportation, and waste services

Wrongful Death vs. Personal Injury

Both wrongful death and personal injury claims seek compensation for harm, but they are not quite the same. A personal injury claim is filed by an injured person and can provide compensation for physical, emotional, and financial damages. By contrast, a wrongful death claim is initiated by a deceased person’s personal representative and focuses on the losses their survivors have suffered due to their loved one’s untimely passing.

Importantly, the statute of limitations is shorter in wrongful death cases, meaning you have less time to file your claim. In New York, the standard statute of limitations for personal injury claims is generally three years from the accident date. However, the statute of limitations for wrongful death claims is only two years from the date of death.

We Recognize the Emotional and Financial Impact of Wrongful Death

Losing your loved one leaves an emotional void no amount of money can fill. Their absence is a constant reminder. This is often compounded by the harsh reality that life won’t stand still while you grieve your loss.

On top of these emotional challenges, you may be facing financial stress. Unexpected medical bills, funeral costs, and the sudden loss of income can create a financial burden that adds additional strain to an already overwhelming situation. These costs can be a source of anxiety, making it challenging to grieve and heal.

The psychological impact on surviving family members is often profound. The emotional scars can last a lifetime, affecting their mental health, relationships, and ability to function. It is a significant burden that calls for compassionate, comprehensive support.

At Chopra & Nocerino, LLP, we fully understand these challenges. Our wrongful death lawyers are here to support you throughout this difficult time.

Why You Need a Wrongful Death Attorney on Your Team

Navigating New York’s legal system is not easy. This is especially true when processing the emotional trauma of losing a loved one to a wrongful death. These cases are complex. They can involve multiple parties, complicated laws, and a mountain of evidence that must be examined carefully.

Having a seasoned advocate by your side is invaluable. Our wrongful death lawyers can guide you through the legal process, ensuring you don’t miss crucial deadlines, overlook critical evidence, or make errors that could jeopardize your case. A skilled New York wrongful death attorney will fight for your rights, striving to secure the maximum compensation available.

Our firm’s aggressive approach to trial litigation sets Chopra & Nocerino, LLP, apart from the rest. Our New York wrongful death lawyers are committed to going the extra mile in your case. Whether battling insurance companies or facing combative defendants in court, we are prepared to fight for your family every step of the way. When you choose Chopra & Nocerino, LLP, you get a team on your side unlike any other law firms out there.

The Process of a Wrongful Death Claim in New York

It’s normal to have questions about the legal process before filing a wrongful death claim. Here are the major milestones in most wrongful death lawsuits in New York:

Initial consultation and case review – Meet your lawyer, get your questions answered, and discuss the circumstances surrounding your case while they assess the viability of your claim.
Investigation phase – Your attorney will collect evidence, consult experts, and build a compelling case. This phase is crucial for gathering the necessary evidence to demonstrate negligence or misconduct.
Filing the lawsuit and pre-trial proceedings – Next, your lawyer will file your lawsuit. This may initiate a series of pre-trial filings and hearings. We will prepare all the necessary paperwork and make sure no deadlines are missed.
Negotiation and potential settlement – Before the trial, there may be an opportunity for settlement. Your attorney will negotiate fiercely on your behalf to secure fair compensation, as well as avoid a costly and time-consuming court battle if possible.
Trial – If you do not receive an acceptable wrongful death settlement offer from the at-fault party and their insurer, your case can go to trial. Your lawyer will present your case and argue zealously for a favorable verdict.

Compensation in New York Wrongful Death Cases

The pecuniary loss statute governs damages in New York wrongful death claims. This law states that compensation should be distributed to those eligible to inherit the decedent’s property under New York’s intestate succession laws. However, that compensation is limited to financial losses. In other words, this law currently prevents surviving family members from claiming damages for things like emotional distress and loss of companionship.

However, in 2023, the Grieving Families Act moved up in the state legislature. If signed into law, this reform would allow families to seek compensation for their emotional pain and suffering in wrongful death lawsuits, acknowledging that people’s lives are worth more than just money. Wrongful death victims are mothers and fathers, husbands and wives, sons and daughters, and an untimely loss can emotionally impact their surviving family for decades.

Compensation Currently Available and How It Is Determined

Currently, a New York wrongful death lawsuit can provide compensation for certain losses caused by your loved one’s passing. These may include things like:

Medical bills
Funeral and burial costs
Lost financial contributions and support
Pain and suffering of the victim

The amount of compensation is calculated based on many factors, including the severity of the negligence, the financial impact on your family, and your loved one’s earning potential while they were alive. The legal team at Chopra & Nocerino, LLP, is here to help maximize your family’s compensation. Our aggressive strategies aim to secure the highest possible wrongful death settlement or verdict for you and your family.

Our Wrongful Death Lawyers Have Helped People Like You

Our passionate and assertive legal team knows what it takes to win complex cases involving wrongful death claims. We have recovered millions in verdicts and settlements for our deserving clients.

Check out some of our recent client testimonials below:

“Alex Nocerino is the absolute best! He made the entire process of working with him super easy and seamless and kept me posted along the way. I would highly recommend him for anyone in need of his services” — Grace, Google
“Thank you so much Chopra & Nocerino! You guys helped me out. I would recommend Chopra & Nocerino to anyone looking for lawyers for their accident case.” — Davey, Google
“Chopra and Nocerino made a traumatic experience bearable.. they were amazing, always available to speak, very organized. Our outcome was excellent because of them.. the best law firm, don’t wait call, you will not be disappointed.” — Anonymous, FindLaw

Why Choose the Passionate Wrongful Death Attorneys at Chopra & Nocerino, LLP?

When dealing with the legal aftermath of losing a loved one to a wrongful death, you want a team that is experienced, knowledgeable, and deeply committed to your case. Our client-first approach means that you will not be treated like “just another” case file on a desk. We are not like the rest of the law firms out there.

At Chopra & Nocerino, LLP, we are committed to your family’s well-being. We will strive to get your family the compensation it deserves. That means taking your case to court if the liable party refuses to negotiate fairly. But don’t just take it from us. Here are what our clients say about working with us:

“They are the best!”
“I felt like family.”
“They are experts in their field.”
“Recommended 100%.”
“They fought and got me the best outcome I could have hoped for.”
“[They] are professional, knowledgeable, very thorough, and compassionate.”
“Sameer Chopra . . . gave me the play-by-play regarding my . . . case. I had questions, and [he] answered them all with patience and wisdom.”
“Alex Nocerino . . . was extremely patient, knowledgeable, and professional.”
“I’m beyond happy with the outcome of my settlement. Highly recommend.”
“They made it so convenient for me . . . They had attorneys come to my home, pick up documents and pictures . . . Quick and simple!”
“I was a new mother shortly before the accident . . . They were extra . . . mindful of all I had going on while keeping me informed. They fought hard for me, and I’m happy with the outcome.”
“Anyone who hires them will not be disappointed. I recommend highly.”
“Their team convinced me they can get . . . more than offered. Sure enough . . . the settlement . . . increased to an amount I was more than satisfied with!”

New York Wrongful Death FAQs

It’s normal to have questions following the loss of a loved one to a wrongful death accident. We answer some frequently asked questions below.

1. How Much Does It Cost to Hire a Lawyer for a Wrongful Death Case?

Chopra & Nocerino, LLP, operates on a contingency fee basis, meaning you pay nothing unless we win your case. We also offer free consultations, so there is no downside to having one of our attorneys review your case.

2. How Long Will a Wrongful Death Lawsuit Take in New York?

The length of your case will depend on many factors, including the number of parties involved, their willingness to negotiate, the court’s calendar, and how complex the case is. Some cases are settled within a few months. However, more complicated cases can take over a year to resolve. That said, the wait is often worth it since the amount you receive in court often far exceeds that available through a settlement.

3. Who Can File a Wrongful Death Claim in New York?

The personal representative of the deceased’s estate is the only person eligible to file a wrongful death claim in New York. However, compensation is distributed to family members, including spouses, children, and sometimes parents. The personal representative may be appointed in the decedent’s will or, in the absence of a will, by the presiding court.

4. What Is the Average Wrongful Death Settlement in New York?

It is difficult to predict and impossible to guarantee the amount of compensation you may ultimately receive. Simply put, the amount varies significantly from case to case. However, the settlements and verdicts listed above lend some insight. Our attorneys can give you an idea of how much your claim may be worth after reviewing the details of your case during your free consultation.

Getting Legal Assistance for Your Wrongful Death Lawsuit

It’s normal to have questions following the loss of a loved one to a wrongful death accident. We answer some frequently asked questions below.If you have lost a loved one in an accident, you and your family do not need to face the legal aftermath alone. Our wrongful death attorneys at Chopra & Nocerino, LLP, are steadfast in their commitment to helping you get the compensation you deserve. Schedule your free consultation today by filling out our online form.