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At Fellows Hymowitz Rice, we understand the devastating impact of losing a loved one due to someone else's negligence.
Our experienced wrongful death lawyers in New City, New York, are dedicated to fighting for justice and securing the compensation our clients deserve. We have over 100 years of combined experience advocating for families in Rockland County and beyond, and we pride ourselves on providing compassionate and aggressive representation.
Contact us today to schedule a free consultation.
A wrongful death claim arises when a person's death results from the negligence, recklessness, or intentional actions of another party. Under New York's Estate, Powers & Trusts Law (EPTL) Section 5-4.1, wrongful death cases allow surviving family members to seek compensation for their losses when the victim’s death could have been prevented.
A wrongful death lawsuit is distinct from a survival action, which allows the deceased's estate to seek damages the deceased would have been entitled to had they survived, such as medical bills and pain and suffering prior to death.
In New York, specific family members have the right to file a wrongful death lawsuit. These individuals are legally recognized as having a financial and emotional stake in the deceased's life and are therefore entitled to pursue compensation for their losses.
Eligible family members who can file include:
The personal representative of the deceased's estate will typically be the one who files the lawsuit on behalf of the eligible family members. This individual is usually appointed by a court and is responsible for managing the deceased's assets and debts.
It’s crucial to consult a qualified wrongful death attorney in New York to learn about your specific rights and options. A legal professional can assess your situation, provide tailored advice, and help you understand the complex legal process.
Wrongful death cases can arise from an array of circumstances. However, they often stem from preventable accidents or negligent actions. Here are some of the most common causes we see in New City and throughout Rockland County:
Auto accidents are one of the leading causes of wrongful death in New York. These cases often involve drunk driving, distracted driving, speeding, or failure to follow traffic laws. Our attorneys investigate all aspects of these crashes, including road conditions, vehicle defects, and driver behavior, to build strong cases for families.
When healthcare providers fail to meet accepted standards of care, the consequences can be fatal. Medical malpractice wrongful death cases may involve misdiagnosis, surgical errors, medication mistakes, birth injuries, or failure to diagnose serious conditions like heart attacks or strokes.
New City's ongoing development creates significant safety risks for construction workers. Fatal construction accidents may involve falls from heights, being struck by objects, electrocution, or equipment malfunctions. We hold contractors and property owners accountable for maintaining safe work environments.
Property owners have a legal duty to maintain safe conditions for visitors. Fatal slip and fall accidents can occur due to icy walkways, unaddressed spills, inadequate lighting, broken stairs, or other hazardous conditions on residential or commercial properties throughout Rockland County.
Manufacturers must ensure that their products are safe for consumer use. When defective products cause fatal injuries — whether through design flaws, manufacturing defects, or inadequate warnings — families can pursue wrongful death claims against the responsible parties.
Elderly residents in nursing homes and assisted living facilities deserve proper care, protection, and respect. Fatal cases of neglect may center on medication errors, falls due to inadequate supervision, infections from poor hygiene, or physical abuse by staff members.
Schedule a free consultation with our dedicated wrongful death attorneys to discuss your case and learn about your legal options.
Under New York law, the damages from wrongful death lawsuits focus primarily on the economic losses the surviving family members suffer. New York follows a "pecuniary loss" standard, which means damages are awarded for the financial support and services the deceased would have provided had they lived.
Some of the economic damages available may include:
It’s worth mentioning that New York doesn’t impose statutory limits or caps on wrongful death damage awards. This allows juries to determine appropriate compensation based on the specific circumstances of each case.
The amount of compensation awarded depends on various factors, including the deceased's age, income, general health, life expectancy, and the nature of their relationship with surviving family members. Our attorneys will work with economic experts and financial analysts to calculate the full extent of your losses and seek comprehensive compensation.
Important note: Unlike many other states, New York traditionally hasn’t allowed recovery for emotional damages such as pain and suffering, loss of companionship, or grief in wrongful death cases. However, proposed legislative changes, including the Grieving Families Act, could expand the damages available in certain cases in the future.
In New York, you generally have two years from the date of your loved one’s death to file a wrongful death lawsuit. However, there are exceptions to this rule, so it's essential to consult an attorney to understand the specific time limit that applies in your case.
Here are a few important exceptions and considerations to be mindful of:
If the death resulted from criminal activity and criminal proceedings are pending, the statute of limitations may be extended until after the criminal case concludes.
In cases where the cause of death isn’t immediately apparent, the two-year period may begin when the wrongful act is discovered or should have been discovered through reasonable investigation.
Claims against government entities, including cities, counties, or state agencies, typically require the filing of a Notice of Claim within 90 days of the incident, followed by the lawsuit within one year and 90 days.
Missing the statute of limitations means permanently losing the right to pursue compensation. Evidence can disappear, witnesses' memories can fade, and important documentation can be lost over time. Taking legal action early will enable our attorneys to preserve crucial evidence and build the strongest possible case for your family.
If you believe someone's negligence was to blame for your loved one's death, contact our New City wrongful death lawyers today to assert your rights and ensure that all key deadlines are met.
Successfully pursuing a wrongful death claim requires demonstrating that another party's negligence or intentional actions directly caused your loved one's death. To do so, it will be necessary to establish several key legal elements and gather substantial evidence to support your claim.
You’ll need to prove the following four essential elements:
Our legal team can help satisfy this critical legal requirement by conducting thorough investigations to gather compelling evidence. Useful types of evidence in a wrongful death claim include accident scene photographs, police reports, medical records, witness statements, video surveillance footage, and employment records showing the deceased's earning capacity.
Especially complex cases may call for testimony from medical professionals, accident reconstruction specialists, economic experts, and other authorities who can explain the technical aspects of the case and thereby help establish liability.
Important note: New York follows a pure comparative negligence rule, meaning that it’s still possible for the surviving loved ones to recover damages if the deceased shared some fault for the accident. However, any compensation awarded will be reduced by the percentage of fault attributed to the deceased.
If you’ve recently lost a loved one in a tragic accident, you’ve already got enough on your mind. Understanding the legal process can help reduce your confusion and anxiety during this difficult time. Our knowledgeable New City wrongful death attorneys can guide you through each pivotal step while handling the legal complexities on your behalf.
During your initial consultation, we’ll review the circumstances surrounding your loved one's death, assess the strength of your potential claim, and explain your legal options. This meeting is completely confidential and comes with no obligation or cost to your family.
If we accept your case, our legal team will immediately begin investigating the circumstances of your loved one’s death, working with private investigators, expert witnesses, and specialized consultants as needed to gather evidence. We’ll preserve crucial documentation, interview witnesses, and analyze all available evidence to build a strong case for compensation.
Once we have sufficient evidence and have identified all potentially liable parties, we’ll file the wrongful death lawsuit in the appropriate New York court. This step marks the beginning of the formal legal process and establishes your claim for damages.
During the discovery phase, both sides exchange information and evidence. This may include document requests, interrogatories (written questions), and depositions (sworn testimony taken outside of court). Our skilled attorneys will handle all aspects of this important procedure while keeping you informed of significant developments.
Many wrongful death cases are resolved through settlement negotiations without ever going to trial. We’ll work tirelessly to negotiate a fair settlement that adequately compensates your family for your losses while avoiding the stress and uncertainty of a courtroom trial.
If settlement negotiations fail to produce a fair offer, we’re fully prepared to take your case to trial. Our accomplished trial attorneys will present your case to a jury, call expert witnesses, and make a robust case for the damages you deserve. We have the resources and experience needed to handle complex trials against well-funded defendants.
When you're dealing with the loss of a loved one, you need a reliable team of attorneys who combine legal skill with genuine compassion. Fellows Hymowitz Rice brings over 100 years of combined experience to every wrongful death case, along with a deep understanding of New York law and the unique challenges facing families in Rockland County.
Over our 40-plus years of service, we’ve successfully recovered millions of dollars in wrongful death settlements and verdicts for our clients, including substantial awards for families who lost loved ones in car accidents, medical malpractice cases, construction mishaps, and other preventable tragedies.
Here are a few of the qualities that set us apart from other law firms:
Our attorneys have extensive experience in Rockland County courts and are intimately familiar with the local legal landscape. This knowledge helps us devise effective strategies tailored to the specific judges, procedures, and practices in our area.
Unlike large law firms that treat clients like case numbers, we provide direct access to our attorneys, who will personally handle your case. You’ll have your lawyer’s direct contact information and receive regular updates on your case's progress.
We work on a contingency basis, which means you won’t pay any attorney fees unless we successfully recover compensation for you and your family. This allows you to pursue justice without worrying about legal costs during an already financially difficult time.
Wrongful death cases often require substantial resources for expert witnesses, investigators, and case preparation. Our firm has the financial means and professional relationships needed to build strong cases against large corporations, insurance companies, and government entities.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
Margaret is a seasoned negotiator, expert in civil dispute resolution, with extensive experience handling homicide cases.
Jake is a dedicated, hardworking, and compassionate attorney with a unique perspective shaped by his experience representing both plaintiffs and defendants.
Fellows Hymowitz Rice is one of New York's most trusted legal teams, with experienced lawyers serving numerous communities, including New City, Manhattan, and Westchester. We understand the characteristics of each area we serve and provide trustworthy representation tailored to our clients’ particular needs and circumstances.
Wrongful death lawsuits allow the surviving family members to seek damages for their losses that have arisen due to the death, such as lost financial support and services.
By contrast, survival actions allow the deceased individual’s estate to pursue damages the deceased could have claimed had they lived, such as pain and suffering experienced before death, lost wages, and medical expenses.
Yes. New York's pure comparative negligence law permits recovery even if the deceased shared fault for the accident. However, your compensation will be reduced by the portion of fault attributed to the deceased. For example, if your loved one were found 30% liable, your total recovery would be reduced by 30%.
New York generally doesn’t award punitive damages in wrongful death cases, as the focus is on compensating families for their economic losses rather than punishing the defendant. That being said, punitive damages may be available in a related survival action, as well as cases involving particularly egregious conduct.
If the deceased died intestate (without a will) or no estate representative has been designated, the court can appoint an administrator to handle the estate and file the wrongful death lawsuit. This is typically a surviving spouse, adult child, or other close relative.
The timeline can vary significantly depending on the complexity of the case, the willingness of defendants to negotiate, and court schedules. Simple cases with clear liability might be resolved in six months to a year, while complex cases involving multiple defendants or disputed facts could take two years or longer.
Many wrongful death cases settle outside of court, meaning you may never need to appear in court. If your case goes to trial, your testimony may be helpful. Our attorneys will prepare you thoroughly and make the process as comfortable as possible. Your participation will be limited and focused on the impacts of your loss.
Claims against government entities have special rules, including shorter deadlines for filing a Notice of Claim (typically 90 days) and different liability standards. Our attorneys have experience with municipal liability cases and are well-versed in these unique requirements.
New York law provides a framework for distributing wrongful death awards among the surviving family members based on their relationship to the deceased and their degree of dependency. We can help you better understand how distributions work and ensure fair allocation.
Losing someone you love due to another party’s negligent actions is indescribably painful. You deserve justice for your profound loss. Schedule a free consultation with the compassionate wrongful death attorneys at Fellows Hymowitz Rice to discuss your case and learn more about your legal options.
You don't have to go through this difficult time alone. Let us take care of the legal complexities while you focus on healing and supporting your family.
