Long Island Wrongful Death Lawyers
Losing a family member because of someone else's negligence is a devastating experience that no one should have to endure. When a loved one dies in a car accident, truck crash, motorcycle accident, construction accident, or any other incident caused by another party's carelessness, recklessness, or misconduct, New York law gives surviving family members the right to pursue justice.
A wrongful death claim cannot bring your loved one back. But it can hold the responsible party accountable, secure financial stability for your family, and ensure that the person or company whose negligence caused this tragedy does not simply walk away.
At Alonso Krangle LLP, we have spent decades fighting for victims and their families across Long Island. Our attorneys handle wrongful death cases with the sensitivity these matters demand and the aggressive legal representation your family deserves. We work on a contingency fee basis — you pay nothing unless we recover compensation for you.
If you lost a family member due to someone else's negligence in Nassau County, Suffolk County, or anywhere on Long Island, call 800-403-6191 today for a free, confidential consultation.
Who Can File a Wrongful Death Claim?
Under New York Estates, Powers & Trusts Law § 5-4.1, a wrongful death claim may be filed when a person dies as a result of a wrongful act, neglect, or default by another party — and where the deceased would have had the right to file a personal injury lawsuit had they survived.
New York's wrongful death law exists to compensate the surviving family members who depended on the deceased for financial support, guidance, and care. It is a civil legal action, entirely separate from any criminal proceedings that may arise from the same incident.
A wrongful death claim is not the same as a criminal prosecution. Even if the responsible party is not charged with a crime — or is charged but acquitted — a wrongful death civil lawsuit can still proceed. The burden of proof in a civil case is lower than in a criminal case: rather than proving guilt beyond a reasonable doubt, a wrongful death claim must be established by a preponderance of the evidence, meaning it is more likely than not that the defendant's negligence caused the death.
Common Causes of Wrongful Death on Long Island
Wrongful death claims arise from a wide range of fatal accidents and incidents. At Alonso Krangle LLP, we handle wrongful death cases stemming from every cause of preventable death on Long Island, including:
Motor Vehicle Accidents
Car accidents are among the most frequent causes of wrongful death in New York. Fatal crashes occur every day on Long Island's most dangerous corridors — the Long Island Expressway, the Southern State Parkway, Jericho Turnpike, Sunrise Highway, and Route 110. When a crash is caused by another driver's negligence — speeding, distraction, impairment, or failure to yield — that driver and potentially their employer may be held liable for the death of a victim.
Truck and Commercial Vehicle Accidents
When a tractor-trailer, 18-wheeler, delivery truck, or other commercial vehicle causes a fatal accident, the consequences are almost always catastrophic. Commercial truck accidents involve a complex web of liability — the driver, the trucking company, maintenance providers, cargo loaders, and vehicle manufacturers may all bear responsibility. Federal FMCSA regulations govern commercial trucking, and violations of those regulations can be powerful evidence of negligence in a wrongful death case.
Motorcycle Accidents
Motorcyclists are among the most vulnerable road users on Long Island. When another driver's failure to see a motorcycle, failure to yield, or impaired driving causes a fatal crash, surviving family members have the right to file a wrongful death claim. Because motorcycles are excluded from New York's no-fault insurance system, these claims proceed directly against the at-fault party's liability coverage.
Bicycle Accidents
Cyclists killed by negligent drivers — including those struck in crosswalks, bike lanes, or on roadways — may be the subject of wrongful death claims by surviving family members. Long Island's roads present constant danger for cyclists sharing lanes with commercial trucks and high-speed traffic.
Construction Accidents
New York's Labor Law imposes strict obligations on property owners and general contractors to maintain safe worksites. When a construction worker is killed by a fall, a crane collapse, scaffold failure, electrical accident, or trench cave-in, New York Labor Law §§ 200, 240, and 241 may provide the foundation for a wrongful death claim against the property owner, general contractor, or other responsible parties — in addition to any workers' compensation benefits.
Premises Liability
Property owners have a legal duty to maintain their properties in reasonably safe condition. When unsafe conditions — broken stairs, unmarked hazards, inadequate security, or structural failures — cause a fatal accident, the property owner may be held liable through a wrongful death claim.
Medical Malpractice
When a patient dies because a doctor, hospital, or other healthcare provider failed to meet the accepted standard of care — through misdiagnosis, surgical error, medication error, or failure to treat — surviving family members may pursue a wrongful death claim based on medical malpractice. These cases require expert medical testimony and highly specialized legal experience.
Nursing Home Negligence
When nursing home abuse or neglect causes the death of a resident — through medication errors, untreated bedsores, falls caused by inadequate supervision, malnutrition, or physical abuse — the facility and its staff may be liable for wrongful death. These cases often involve regulatory violations that constitute evidence of negligence.
Defective Products
When a dangerously defective product — a vehicle with faulty brakes, a defective medical device, contaminated food, or unsafe consumer goods — causes a fatal injury, the manufacturer, distributor, or seller may be held liable under product liability law, regardless of whether they were "negligent" in the traditional sense.
Workplace Accidents
Outside of the construction industry, workers killed in workplace accidents may have their families pursue wrongful death claims against third parties — meaning parties other than the employer, whose conduct falls outside the workers' compensation system. Third-party defendants can include equipment manufacturers, property owners, and contractors.
What Must Be Proven in a Wrongful Death Case?
Damages Available in a New York Wrongful Death Claim
New York's wrongful death statute allows surviving distributees to recover damages in the following categories:
Lost Financial Support
The most significant component of most wrongful death recoveries is the loss of the financial contributions the deceased would have made to their family over the course of their expected working life. This is calculated based on the deceased's age, earnings, earning trajectory, education, and the financial needs of surviving dependents.
Lost Parental Guidance and Nurturing
When a parent is killed, surviving children may recover damages for the loss of parental guidance, nurturing, education, and training that the deceased would have provided throughout their childhood and into adulthood. This is a distinct category of damages under New York law and can represent substantial compensation in cases involving young parents with minor children.
Medical and Hospital Expenses
All medical expenses incurred from the time of the injury through the time of death — including emergency care, hospitalization, surgery, and palliative care — are recoverable as part of a wrongful death or survival action claim.
Funeral and Burial Expenses
Reasonable funeral and burial expenses are recoverable directly in the wrongful death action under EPTL § 5-4.1.
Lost Household Services
The economic value of household services the deceased would have provided — childcare, home maintenance, cooking, household management — is a recognized category of damages, calculated based on the cost of replacing those services.
Pain and Suffering of the Deceased — Survival Action
Under a separate but related legal theory called a survival action (discussed in the next section), the estate may recover for the conscious pain and suffering the deceased experienced between the moment of injury and the moment of death. This is distinct from the wrongful death claim itself and is pursued simultaneously.
Punitive Damages
In cases involving gross negligence or intentional misconduct — such as a drunk driver with prior DUI convictions who kills a motorcyclist — punitive damages may be available. Punitive damages are not tied to economic loss but are designed to punish particularly egregious conduct and deter similar behavior.
The Difference Between Wrongful Death and Survival Actions
These two legal claims are frequently pursued together but are legally distinct, and understanding the difference matters for your family's recovery.
Wrongful Death Claim (EPTL § 5-4.1)
Compensates the surviving distributees for their own losses resulting from the death — lost financial support, lost parental guidance, funeral expenses. The focus is on what the surviving family members lost.
Survival Action (EPTL § 11-3.2)
Compensates the deceased's estate for what the deceased personally experienced and lost — the conscious pain and suffering between injury and death, medical expenses incurred before death, and lost earnings from the time of injury to the time of death. The focus is on what the deceased suffered.
Both claims are typically filed together by the personal representative of the estate. The proceeds of each are allocated differently — wrongful death proceeds go to the distributees; survival action proceeds go into the estate and are subject to distribution according to the will or intestacy law.
If no estate has been opened, our attorneys can help guide you through that process as part of pursuing your family's claim.
| Claim Type | Deadline | Authority |
|---|---|---|
| Wrongful Death Lawsuit | 2 years from date of death | EPTL § 5-4.1 |
| Survival Action | 3 years from date of injury | CPLR § 214 |
| Notice of Claim Against Government Entity | 90 days from death | GML § 50-e |
| Lawsuit Against Government Entity | 1 year and 90 days | GML § 50-i |
| Medical Malpractice Wrongful Death | 2.5 years from death or from end of continuous treatment | CPLR § 214-a |
The Government Entity Deadline Is Absolute. If your loved one was killed due to a dangerous road condition, a negligent government employee, or any other circumstance involving a government entity — including Nassau County, Suffolk County, the Town of Huntington, the New York State DOT, or any other public body — a Notice of Claim must be filed within 90 days of the death. This deadline cannot be extended and missing it permanently bars your claim against that entity.
While the general wrongful death statute of limitations is two years, do not wait. Evidence disappears. Witnesses become harder to locate. Surveillance footage is deleted. The sooner you engage an attorney, the stronger your case will be.
Why Wrongful Death Cases Require Experienced Legal Representation
Wrongful death cases are among the most legally and factually complex personal injury matters in New York civil law. Several factors make experienced representation essential:
Multiple parties may be liable. A fatal truck accident may implicate the driver, the trucking company, a maintenance provider, and a cargo loader simultaneously. A construction death may involve a property owner, general contractor, subcontractor, and equipment manufacturer. Identifying all liable parties — and ensuring all claims are filed before deadlines expire — requires immediate and thorough investigation.
Insurance companies mobilize immediately. When a fatality occurs, the at-fault party's insurance company deploys claims adjusters and defense attorneys within hours. They begin building their defense — and minimizing their exposure — before the family has had a chance to grieve, let alone consult an attorney. Having legal representation from the outset levels that playing field.
Calculating damages is complex. Lost financial support over a lifetime requires actuarial analysis, vocational expert testimony, and economic projections. Lost parental guidance requires careful documentation. Without experienced attorneys and expert witnesses, families routinely accept far less than they are owed.
Estates and probate issues intersect. Because a wrongful death lawsuit must be filed by the personal representative of the estate, there are often parallel probate proceedings to manage. Our attorneys can coordinate these processes or refer you to an estate attorney if needed.
The emotional stakes are profound. We understand that your family is navigating unimaginable grief while simultaneously facing financial pressure and legal complexity. We handle the legal fight so that you can focus on your family.
What To Do After Losing a Loved One Due to Negligence
The period immediately following a wrongful death is overwhelmingly difficult. But the steps taken in the days and weeks after the loss can significantly affect your family's legal options.
1. Preserve all evidence related to the incident. Do not repair, discard, or allow access to any vehicle, property, or equipment involved in the fatal accident. Photographs, videos, and physical evidence are critical.
2. Request the police report. Obtain a copy of the official accident or incident report as soon as it is available through the New York State DMV or local law enforcement.
3. Document all expenses. Keep all receipts for funeral and burial expenses, medical bills incurred before death, and any other costs resulting from the incident.
4. Do not speak with the at-fault party's insurance company. Do not give statements, sign releases, or accept any settlement offer from any insurance company without first consulting an attorney. Early settlement offers are almost always far below what your family is entitled to.
5. Open an estate if one has not already been opened. A wrongful death lawsuit must be filed by the personal representative of the estate. If your loved one did not have a will, the court will appoint an administrator. Our attorneys can advise you on this process.
6. Contact Alonso Krangle LLP as soon as possible. Every day that passes is a day evidence disappears and the defense builds its case. We can begin our investigation immediately, identify all liable parties, and ensure every deadline is met. The call is free and there is no obligation.
Areas We Serve
The wrongful death lawyers at Alonso Krangle LLP represent grieving families throughout Nassau and Suffolk Counties, including:
Huntington — our office is located in Huntington at 44 Elm Street. We represent families throughout the Town of Huntington who have lost loved ones in fatal accidents on Route 110, Jericho Turnpike, Route 25A, the Long Island Expressway, and throughout the community.
Melville — we handle wrongful death cases for families throughout Melville and the Half Hollow Hills corridor.
Huntington Station, Dix Hills, Commack, Kings Park, and Smithtown — we serve families throughout central and western Suffolk County.
Hauppauge, Islandia, Bay Shore, Islip, and Brentwood — we represent families in communities throughout central and southern Suffolk County.
Hicksville, Syosset, Woodbury, Jericho, and Plainview — we serve families throughout Nassau County's central corridor.
Garden City, Mineola, Hempstead, and Westbury — we represent families throughout Nassau County.
If you lost a loved one due to someone else's negligence anywhere on Long Island, call 800-403-6191 for a free consultation.
Frequently Asked Questions
Related Practice Areas
Long Island Car Accident Lawyers
Fatal car accidents are among the most common causes of wrongful death on Long Island. Learn about your rights after a fatal crash.
Long Island Truck Accident Lawyers
Commercial truck accidents frequently cause fatal injuries. Federal regulations and multiple liable parties make these among the most complex wrongful death cases.
Long Island Motorcycle Accident Lawyers
Motorcyclists killed by negligent drivers. Because motorcycles are excluded from New York's no-fault system, wrongful death claims proceed directly against the at-fault party.
Long Island Bicycle Accident Lawyers
Fatal bicycle accidents caused by negligent drivers, dangerous road conditions, or defective equipment.
Long Island Construction Accident Lawyers
New York Labor Law §§ 200, 240, and 241 provide powerful protections for construction workers killed on the job.
Medical Malpractice
When a healthcare provider's failure to meet the standard of care causes a patient's death.
Nursing Home Abuse & Neglect
When nursing home negligence or abuse causes the death of a resident.
Long Island Personal Injury Lawyers
Information about all personal injury claims handled by Alonso Krangle LLP across Long Island.
Your Family Deserves Justice. Call 800-403-6191.
The wrongful death attorneys at Alonso Krangle LLP have been fighting for Long Island families for over 20 years. We understand that no amount of money can replace the person you lost — but we also understand the financial reality that surviving families face, and we fight without compromise to secure every dollar your family is owed.
You pay nothing unless we win. Call 800-403-6191 today for a free, confidential consultation.
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