New York Wrongful Death Lawyer Fighting for Grieving Families
When negligence takes a loved one, Ikhilov & Associates pursues justice and full compensation with compassion. Free consultations, no fees unless we win.
Compassionate New York Wrongful Death Lawyers
Losing a loved one because of someone else’s negligence is one of the most painful experiences a family can endure. At Ikhilov & Associates, our New York wrongful death lawyers help grieving families pursue accountability and the financial security they need to move forward. As dedicated wrongful death attorneys, we handle every case with compassion, discretion, and the same trial-ready determination that defines our personal injury practice.
What Is a Wrongful Death Claim in New York?
A wrongful death claim arises when a person dies as a result of another party’s negligent, reckless, or intentional conduct. Under New York’s wrongful death statute (EPTL § 5-4.1), the claim is brought on behalf of the deceased person’s estate and surviving family members to recover the losses caused by the death. It is a civil action, separate from any criminal case that may also arise from the same event.
Who Can File a Wrongful Death Lawsuit?
In New York, a wrongful death lawsuit must be filed by the personal representative (executor or administrator) of the deceased person’s estate. Any compensation recovered is then distributed to the surviving distributees, typically the spouse, children, or parents, according to their financial losses. Our wrongful death attorneys guide families through the estate-administration steps so the claim can move forward without added stress.
Common Causes of Wrongful Death Cases We Handle
Many of the accident types we handle can, tragically, turn fatal. Our New York wrongful death lawyers represent families after:
- Fatal car accidents, including drunk driving crashes
- Truck accidents involving commercial carriers
- Construction accidents and fatal falls
- Pedestrian and motorcycle fatalities
- Medical malpractice and hospital negligence
- Catastrophic injuries that prove fatal
Compensation in a New York Wrongful Death Case
New York law allows surviving family members to recover the economic losses caused by their loved one’s death. Depending on the circumstances, compensation may include funeral and burial expenses, the medical bills incurred before death, the loss of the deceased’s expected income and financial support, and the value of lost parental guidance and services. Through a related survival action, your family may also recover for the conscious pain and suffering the victim experienced before passing. We work with economists and other experts to document the full, long-term value of these losses.
New York Wrongful Death Statute of Limitations
A wrongful death claim in New York generally must be filed within two years from the date of death. Claims against a government entity often require a formal notice of claim within just 90 days. Because deadlines are strict and evidence fades quickly, we encourage families to speak with a wrongful death lawyer as soon as they are able.
How Our NYC Wrongful Death Attorneys Help
From the first conversation, we handle the legal burden so your family can focus on healing. Our NYC wrongful death attorneys investigate the cause of death, preserve evidence, identify every responsible party, work with the estate, and negotiate aggressively with insurers, preparing every case as if it will go to trial. We serve families throughout New York City and the surrounding counties; see all the areas we serve.
A Notable Wrongful Death Result
Ikhilov & Associates obtained a $2,750,000 settlement in a wrongful death case after a construction worker fell from the roof of a commercial building. See more case results. Prior results do not guarantee a similar outcome; every case is evaluated on its own facts.
Contact a New York Wrongful Death Lawyer
If you have lost a loved one due to someone else’s negligence, Ikhilov & Associates is here to help. We offer free, compassionate consultations and never charge a fee unless we win compensation for your family. Contact us today to speak with an experienced New York wrongful death lawyer.
New York law
The statutes that apply to this kind of claim
Each provision below links to its official text published by the New York State Senate. How a statute applies depends on the facts of a specific case.
Wrongful death action
A wrongful death case is brought by the personal representative of the estate, not directly by the family, and runs on two years from the date of death.
Comparative fault
Being partly at fault does not end a claim in New York. Compensation is reduced in proportion to the share of fault assigned to the injured person.
This summary is general information about New York law, not legal advice about your situation. Deadlines have exceptions, and some of them are short. Speak with an attorney about the facts of your case.
How long do I have to file a wrongful death claim in New York?
In most cases, a wrongful death lawsuit must be filed within two years of the date of death. Claims involving a government entity may require a notice of claim within 90 days. Speaking with a lawyer early helps protect your family’s rights.
Who can file a wrongful death lawsuit in New York?
The personal representative (executor or administrator) of the deceased person’s estate files the claim on behalf of the surviving family members, or distributees, such as a spouse, children, or parents.
What compensation is available in a wrongful death case?
Compensation may include funeral and burial costs, pre-death medical expenses, lost income and financial support, the value of lost guidance and services, and the victim’s conscious pain and suffering through a survival action.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their losses, while a survival action recovers damages the deceased person could have claimed for the pain, suffering, and expenses they endured before death. Both are often pursued together.
How much does it cost to hire a wrongful death lawyer?
Ikhilov & Associates works on a contingency-fee basis. There are no upfront fees, and you only pay legal fees if we recover compensation for your family.
Reviewed by
Erik Ikhilov, Esq.
Founding Partner & Personal Injury Attorney, Ikhilov & Associates
Founding partner of Ikhilov & Associates and New York personal injury attorney. Admitted to practice in New York, registration number 2550754.
Full biographyTalk to a lawyer about your case
A case review costs nothing and puts you under no obligation. We work on a contingency fee, so there is no fee unless we recover compensation for you.