Wrongful Death

When a person dies due to someone else’s negligence, recklessness, or wrongful actions, the deceased’s family faces not only devastating emotional loss but also significant financial hardship. In New York, families have the legal right to pursue a wrongful death claim to secure compensation and hold the responsible party accountable.

At Gillette & Izzo Law Office, we understand the profound pain of losing a loved one and are committed to providing compassionate, comprehensive legal representation to families throughout Syracuse and New York. Our experienced wrongful death attorneys have successfully recovered millions of dollars for bereaved families, helping them navigate this difficult process with skill and sensitivity.

What is Wrongful Death in New York?

A wrongful death claim is a civil lawsuit filed by the surviving family members or estate representatives of someone who died due to another party’s negligent act, wrongful action, or default. Unlike a personal injury claim where the injured person can speak for themselves, a wrongful death claim is filed on behalf of the deceased to recover damages for the losses suffered by their survivors.

Wrongful death occurs when:

• Another party’s negligence directly caused the death – Whether through careless, reckless, or intentional conduct
• The deceased had a valid personal injury claim – The deceased could have filed a lawsuit had they survived
• Surviving family members suffer financial and emotional losses – The law recognizes both economic and non-economic damages

The key distinction from personal injury cases is that the deceased cannot recover for their own pain and suffering (although a survival claim may be brought for suffering up until death). Instead, compensation goes to surviving family members for their specific losses.

How Wrongful Death Claims Work in New York

Who Can File a Wrongful Death Claim?

Under New York law, only the personal representative (executor) of the deceased’s estate can file a wrongful death lawsuit. This person may be:

• Named in the deceased’s will
• Appointed by the court if no will exists
• A family member, friend, or attorney designated by the court

The personal representative acts on behalf of the surviving family members and their interests. Eligible survivors who may benefit from the claim include:

• Surviving spouse – For loss of companionship, financial support, and household services
• Children of any age – For loss of parental guidance, support, and inheritance
• Parents – When a minor or dependent adult child dies
• Other dependents – Those who relied on the deceased for financial support

Statute of Limitations for Wrongful Death in New York

Time is critical. The statute of limitations for filing a wrongful death claim in New York is generally two years from the date of death. Missing this deadline can result in losing your right to recover damages entirely.

Important exceptions that may extend or modify the deadline:

• Medical malpractice deaths – Two years and six months from the date of death (or from the end of continuous treatment)
• Criminal acts – One year from the end of the criminal case against the perpetrator
• Government defendants – 90-day notice requirement; lawsuit must be filed within 30 days of notice filing but no later than two years after death
• Minors – Statute of limitations may be tolled until the minor reaches adulthood in some circumstances

Note: New York is currently considering the “Grieving Families Bill,” which would extend the statute of limitations to three years and expand who can file claims. Consult with our attorneys to understand how this may affect your case.

What Damages Can Be Recovered?

New York courts award wrongful death damages to provide “fair and just compensation” to surviving family members for losses they suffer due to the death. Recoverable damages include:

Economic Damages

• Funeral and burial expenses – All costs associated with final arrangements
• Medical bills – Healthcare costs related to the deceased’s final illness or injury
• Lost wages and benefits – Income the deceased would have earned over their remaining life expectancy
• Lost inheritance – For surviving children
• Value of services and support – Household services, childcare, and care for elderly parents the deceased provided

Non-Economic Damages

• Loss of care, guidance, and parental nurturing – For surviving children
• Loss of companionship and society – Recognized for certain survivors
• Pain and suffering of the deceased – The conscious pain endured from the moment of injury until death (through a survival action)

Punitive Damages

While rare, punitive damages may be available in cases involving extreme and outrageous misconduct by the defendant. These are designed to punish the wrongdoer rather than simply compensate survivors.

Important: No Damages Cap in New York

Unlike some states, New York has no cap on wrongful death damages. You can recover the full amount a jury or court determines appropriate, with no artificial limits.

Comparative Negligence

If the deceased contributed to their own death through negligence, New York’s comparative negligence law applies. Damages are reduced by the deceased’s percentage of fault, but survivors can still recover as long as the deceased wasn’t 100% responsible.

Common Causes of Wrongful Death in New York

Wrongful death can result from many different circumstances. Below are the most common causes and the practice areas where we provide specialized legal representation:

Motor Vehicle Accidents

Car, truck, and motorcycle accidents are among the leading causes of wrongful death in New York. Fatal accidents may result from:

• Drunk or impaired driving – Operating a vehicle while intoxicated
• Distracted driving – Texting, eating, adjusting GPS, or other distractions
• Reckless or aggressive driving – Excessive speeding, road rage, dangerous lane changes
• Failure to yield – Running red lights or stop signs, violating right-of-way rules
• Truck accidents – Driver fatigue, overloaded trucks, brake or tire failures

Our experienced car accident attorneys understand the complexities of fatal vehicle accident claims, including multi-vehicle incidents and commercial vehicle cases. We work with accident reconstruction experts and insurance specialists to build compelling cases.

– Learn more about motor vehicle accidents.

Pedestrian and Bicycle Accidents

Pedestrians and cyclists have minimal protection in collisions and suffer fatal injuries more readily than vehicle occupants. Common causes include:

• Speeding in residential areas or near schools
• Failure to yield at crosswalks – Ignoring pedestrian right-of-way
• Drunk or distracted driving – Impaired drivers unable to react appropriately
• Hit-and-run accidents – Where drivers flee the scene

Our firm has recovered substantial settlements for families of pedestrians and cyclists killed by negligent drivers.

→ Learn more about pedestrian accidents

Medical Malpractice

When medical professionals fail to provide the standard of care, preventable deaths can occur. Wrongful death through medical malpractice may result from:

• Misdiagnosis or delayed diagnosis – Failing to detect conditions like cancer, heart disease, or stroke
• Surgical errors – Operating on the wrong site, leaving instruments inside patients, anesthesia mistakes
• Medication errors – Prescribing incorrect drugs or dosages
• Failure to monitor patients – Neglecting to observe post-operative or post-treatment care
• Birth injuries – Obstetrical errors, delivery room negligence, or neonatal care failures
• Emergency room errors – Failure to diagnose or treat acute conditions

Medical malpractice wrongful death cases are among the most complex, requiring expert medical testimony and detailed analysis of healthcare provider obligations. Our attorneys have successfully litigated these high-stakes cases and partner with trusted medical experts.

→ Learn more about medical malpractice

Workplace Accidents and Construction Fatalities

Workplace accidents, particularly in construction, manufacturing, and industrial settings, frequently result in fatal injuries. Common causes include:

• Falls from heights – Inadequate safety railings, harnesses, or scaffolding
• Electrocution – Faulty wiring, ungrounded equipment, contact with power lines
• Heavy machinery accidents – Crushed limbs, entanglement, machinery malfunctions
• Toxic exposure – Asbestos, lead, chemicals, or hazardous materials
• OSHA violations – Employer failure to maintain safe working conditions

Workplace fatalities may involve workers’ compensation benefits as well as third-party liability claims against contractors, equipment manufacturers, or property owners.

→ Learn more about workforce accidents

Nursing Home Abuse and Neglect

Elderly residents in nursing homes depend on care providers for their safety and well-being. Wrongful death can result from:

• Neglect of basic care – Failure to provide food, water, hygiene, or medication
• Physical abuse – Beatings, inappropriate restraint, or violent treatment
• Medication errors – Wrong drugs, incorrect dosages, or harmful drug interactions
• Failure to prevent falls or injuries – Inadequate supervision, environmental hazards
• Inadequate staffing – Insufficient care providers to meet resident needs
• Failure to address infections or medical emergencies – Delayed treatment of serious conditions

We hold nursing homes accountable for elder abuse and neglect, holding both the facilities and individual staff members liable.

→ Learn more about nursing home abuse

Birth Injuries

When medical providers fail to provide appropriate obstetrical and neonatal care, preventable birth injuries can result in death or permanent disability. These may arise from:

• Failure to monitor fetal heartbeat – Missing signs of fetal distress
• Improper use of delivery instruments – Forceps or vacuum extraction errors
• Delayed delivery decision – Failure to perform timely cesarean section
• Umbilical cord complications – Cord prolapse, nuchal cord mismanagement
• Neonatal resuscitation errors – Improper newborn care immediately after birth
• Infection or sepsis – Failure to diagnose and treat infections

Birth injury wrongful death cases require specialized knowledge of obstetrical standards of care and newborn physiology.

→ Learn more about birth injuries

Defective Products

In some cases, wrongful death results from dangerous or defectively designed consumer products, including:

• Defective vehicles – Faulty airbags, brake failure, design defects that cause crashes
• Faulty medical devices – Pacemakers, surgical implants, ventilators that malfunction
• Dangerous medications – Drugs with undisclosed side effects or dangerous interactions
• Consumer products – Appliances, tools, toys, or equipment with safety defects
• Pharmaceutical products – Drugs that cause heart attacks, strokes, or fatal allergic reactions

Product liability cases involve complex investigation of design defects, manufacturing defects, and warning label failures.

→ Learn more about product liability

Premises Liability

Wrongful death can result from dangerous conditions on someone else’s property:

• Slip and fall accidents – Unrepaired flooring, spills, or hazardous conditions
• Swimming pool drownings – Inadequate lifeguard supervision or safety features
• Inadequate security – Property owner’s failure to provide adequate security leading to assault or criminal acts
• Fire or explosion – Building code violations, faulty wiring, or failure to maintain fire safety equipment

→ Learn more about slips and falls

The Wrongful Death Legal Process

Investigation and Evidence Gathering

After retaining our firm, we immediately begin a comprehensive investigation:

• Obtaining accident reports, medical records, and death certificates
• Interviewing witnesses and expert sources
• Consulting with medical, engineering, or accident reconstruction experts as needed
• Analyzing insurance policies and liability coverage
• Identifying all potentially liable parties

Notification and Demand

We file appropriate notices and present a demand letter to the at-fault party’s insurance company, detailing:

• The circumstances of the death
• Evidence of negligence or wrongful conduct
• The strength of our case and damages

Settlement Negotiation

Many wrongful death cases settle before trial. We aggressively negotiate with insurance adjusters and defendants to recover maximum compensation.

Litigation and Trial

If fair settlement cannot be reached, we file a lawsuit and proceed to trial, presenting evidence to a jury to secure the compensation your family deserves.

Why Choose Gillette & Izzo Law Office?

Our wrongful death attorneys bring extensive experience, compassion, and proven success to your case:

• Significant jury verdicts and settlements – Our track record speaks for itself, with awards regularly exceeding $2 million
• Specialized expertise – We have deep knowledge of New York wrongful death law and the specific practice areas (medical malpractice, car accidents, workplace injuries, etc.)
• Comprehensive investigation – We partner with leading experts to build ironclad cases
• Personal attention – You work directly with experienced attorneys, not paralegals
• No upfront fees – We work on contingency; you pay nothing unless we recover compensation
• Compassionate representation – We understand the grief and financial hardship your family faces

Contact Our Wrongful Death Attorneys at Gillette & Izzo Law Office Today

If your loved one died due to someone else’s negligence or wrongful actions, you have the right to pursue justice and compensation. Do not wait—the statute of limitations may be running. Contact us today for a free, confidential consultation with an experienced wrongful death attorney.

We serve clients throughout Syracuse and New York State and are ready to fight for your family’s rights.

Call us at 315-421-1000 or complete our online intake form for a free consultation.