Find The Best Wrongful Death Lawyer In New York (2025)

How Much Does a Wrongful Death Lawyer Cost in New York?

Wrongful death lawyers charge a contingent fee at the end of the case based on the compensation recovered for the estate. The percentage charged will typically range from 33.3% to 40%.

However, you will also find lawyers who charge higher or lower fees based on many factors. These might include the time and work required and the difficulty of the issues involved.

Contingency fees benefit accident victims because the lawyer can start the case without any upfront payments. If the lawyer fails to recover anything, the client pays no legal fees.

How to Hire a New York Wrongful Death Attorney

You have many options when searching for a wrongful death attorney in New York. Most personal injury lawyers take wrongful death cases. Thus, you can start by asking friends and family for referrals to lawyers they have used. You can also contact ConsumerShield for an attorney referral.

The New York State Unified Court System provides a database of lawyers admitted to practice in the state’s courts. Search the names of any lawyers you want to meet. This database will verify that they are properly licensed and have clean disciplinary records.

Schedule meetings with several lawyers. Every attorney has a unique background and case experience. You give yourself options when you consult multiple lawyers. In most cases, these meetings will be free.

Average Wrongful Death Settlement in New York

The average personal injury settlement depends on many factors, including the injuries suffered. Wrongful death cases involve the most serious harm. As a result, they will usually produce larger settlements than personal injury cases.

Under New York’s wrongful death law, you can only recover compensation for “pecuniary” losses from the victim's death. These losses include the following:

• Lost financial support
• Medical costs associated with the fatal injury
• Funeral expenses paid by the estate or distributees of the estate

New York does not allow compensation for the family’s non-economic losses. This means a settlement or trial verdict will not include money for any of the following:

• Grief
• Emotional distress
• Lost companionship or guidance
• Loss of consortium

New York’s exclusion of these losses is unusual because many states allow recovery for them.

Filing a Wrongful Death Lawsuit in New York

A wrongful death lawyer in New York usually starts a case with an insurance claim. Many types of policies provide benefits to people killed by the insured party’s negligent conduct. Thus, cases typically commence with insurance claims when victims die due to::

• Auto accidents
• Medical malpractice
• Hazardous conditions on someone else’s premises
• Dangerously defective products

However, insurance does not cover an intentional tort. This means you probably cannot file a medical malpractice insurance claim if your loved one was intentionally poisoned by a doctor. Wrongful death lawyers work around this restriction in two ways. First, you can sue the at-fault party directly for their criminal acts.

Second, your lawyer can identify other parties whose negligence contributed to the death. Suppose that a doctor’s insurer will not pay for the doctor’s criminal acts. In that case, the hospital’s insurer might pay for the facility’s negligence in hiring and supervising the doctor.

The insurers involved in the case could deny the claims. If they do, your lawyer will discuss whether to file a lawsuit against the at-fault parties.

How Does a Wrongful Death Lawsuit Work in New York?

A wrongful death lawsuit begins with pleadings that describe the case with enough detail to give the other party notice of the claim. The rest of the lawsuit will involve gathering and presenting evidence to a judge or jury at trial. However, most cases settle.

Types of Wrongful Death Cases in New York

All wrongful death cases are brought under the same New York statute. However, certain cases are subject to different rules. In general, negligence cases must be filed within two years after the victim’s death. Auto accidents, medical malpractice, premises liability and product liability cases fall under this rule.

However, the rule changes for two case types. First, cases caused by the September 11 terrorist attacks must be brought within two years and six months after the death. While this time has passed for many victims, the rule still applies to those living with terminal conditions due to toxic exposures.

Second, cases arising from crimes can be brought up to one year after the criminal case ends. This rule gives the wrongful death lawyers time to gather evidence from prosecutors.

ConsumerShield Helps You Find a Wrongful Death Lawyer in New York

The lawyer you hire for your wrongful death claim could determine the outcome of your case. ConsumerShield helps people understand the legal situations they face and find a lawyer to help. Contact us for a free case review and attorney referral.