Wrongful Death Lawyer in Manhattan

Over 50 Years Helping Manhattan Families Pursue Wrongful Death Claims

When a loved one dies because of another party’s negligence, surviving family members face one of the most legally demanding and emotionally difficult situations in personal injury law. At Loscalzo & Loscalzo, P.C., we’ve represented injury victims and their families in Manhattan for more than 50 years. Our practice is devoted entirely to personal injury law, and we bring over 100 years of combined legal experience to every case we handle.

Each wrongful death case we accept is managed by a single dedicated attorney from the first consultation through resolution. That structure means one consistent point of contact, clear communication at every stage, and an attorney who knows your case thoroughly. We offer free initial consultations, charge no upfront legal fees, and can meet you at home, in the hospital, or at your place of business. Spanish-speaking services are also available.

• Car Accidents
• Motorcycle Accidents
• Trucking Accidents
• Pedestrian Accidents
• Bicycle Accidents
• Dog Bites
• Slip and Fall
• Catastrophic Injury
• Lead Poisoning
• Construction Accidents

Proving Negligence in a Manhattan Wrongful Death Claim

To prevail in a wrongful death claim, the personal representative of the deceased’s estate must establish four elements: the defendant owed the deceased a duty of care, the defendant breached that duty, the breach directly caused the death, and the death produced measurable damages. Each element requires evidence, and the strength of that evidence shapes the case.

Building that proof typically involves police and accident reports, medical records, witness testimony, and expert analysis such as accident reconstruction. New York follows a comparative negligence rule, meaning that if the deceased was found partially at fault, recoverable damages may be reduced in proportion to that fault. That’s not a bar to recovery, but opposing parties and insurers may raise it. This is why thorough documentation matters from the start.

Compensation Available Under New York’s Wrongful Death Statute

New York’s wrongful death statute, EPTL 5-4.3, is a pecuniary loss statute. Recoverable damages are limited to the economic losses suffered by surviving distributees, the deceased’s next of kin. Surviving family members cannot recover for their own grief or emotional suffering under the wrongful death action itself.

Economic Damages

Economic damages can include lost future earnings and financial support the deceased would have provided, the value of services rendered to the family, loss of parental guidance, medical expenses incurred before death, and funeral and burial costs. The compensation amount depends on factors such as the deceased’s age, occupation, income history, life expectancy, and the financial dependency of surviving family members. Calculating lost future earnings typically requires input from vocational and financial analysts.

Survival Action & Punitive Damages

A separate survival action under EPTL 11-3.2 may allow the estate to recover damages for the decedent’s conscious pain and suffering experienced between the injury and death. In cases involving reckless or malicious conduct, punitive damages may also be sought, though they are awarded infrequently.

Who Can File a New York Wrongful Death Claim, and When

Under EPTL 5-4.1, only the court-appointed personal representative of the deceased’s estate has legal standing to file a wrongful death claim in New York. If no estate has been opened, that step must be completed before a lawsuit can be initiated. Estate appointments in New York are handled through the Surrogate’s Court. The distributees, a spouse, children, or parents, are the beneficiaries of the claim, but the personal representative brings the action on their behalf.

Deadlines are strict and vary by circumstance:

• Two years from the date of death for most wrongful death claims under EPTL 5-4.1
• A different filing period may apply when the death arises from medical malpractice. An attorney can identify the exact deadline that governs your case.
• Notice of claim within 90 days and a lawsuit within one year and 90 days when a government or municipal entity is involved

Missing any of these deadlines can bar a family’s right to pursue compensation, regardless of how strong the underlying case may be. We’ve represented families in Manhattan civil courts for more than 50 years and understand how local procedural requirements affect these timelines.

How We Handle a Wrongful Death Case at Loscalzo & Loscalzo, P.C.

From the first consultation, a single attorney takes responsibility for your case and keeps that responsibility through resolution. There’s no hand-off between attorneys and no wondering who to call. That model matters in a wrongful death matter, where the legal process can span years and families need a clear, consistent point of contact throughout.

We review accident reports and medical records, handle all communications with the insurance company, coordinate expert witnesses, and manage every filing deadline. Insurance companies in wrongful death cases seek to limit their financial exposure. They may dispute liability, undervalue the claim, or use a family’s grief and urgency to push for a quick, low settlement. Having an attorney manage those negotiations from the beginning can protect the family’s claim and keep the focus on pursuing available recovery.

We can meet you at home, in the hospital, or at your place of business if coming to our office isn’t practical. The initial consultation is free, and we charge no upfront legal fees.