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No fee unless we win
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Admitted in New York
Spanish-language support available
Founded 2014 — Alla Kleban, Esq. practicing since 2009
A wrongful death occurs when another person's negligence, recklessness, or intentional act causes someone's death. In New York, the claim is brought by the personal representative of the deceased person's estate on behalf of the surviving family members. Kleban Law Group guides surviving families through this process with clarity and compassion, serving clients in New York City, Brooklyn, Nassau County, Queens, and Long Island.
Who Can File a Wrongful Death Claim in New York?
Under New York's Estates, Powers and Trusts Law §5-4.1, a wrongful death action must be filed by the personal representative of the deceased person's estate — typically the executor or administrator appointed by Surrogate's Court. The financial recovery goes to the deceased's closest surviving relatives: typically a surviving spouse, children, or parents. We walk you through the specific process for your situation.
Two Parallel Claims: Wrongful Death and Survival
The Wrongful Death Claim
Compensates surviving family for financial support the deceased provided, loss of parental guidance for children, and funeral and burial expenses. New York does not allow recovery for grief or emotional suffering in the wrongful death claim itself.
The Survival Claim
Compensates for what the deceased person suffered before death — physical pain, emotional anguish, and loss of enjoyment of life from the time of injury to death. We pursue both claims together where applicable.
Compensates surviving family for financial support the deceased provided, loss of parental guidance for children, and funeral and burial expenses. New York does not allow recovery for grief or emotional suffering in the wrongful death claim itself.
The Survival Claim
Compensates for what the deceased person suffered before death — physical pain, emotional anguish, and loss of enjoyment of life from the time of injury to death. We pursue both claims together where applicable.
Common Wrongful Death Case Types
Fatal Motor Vehicle Accidents
Car, truck, and motorcycle accidents where another driver's negligence caused the crash. See our Motor Vehicle Accidents page for how these cases are built.
Fatal Construction Accidents
Construction site fatalities involving Labor Law §240 and §241 claims against property owners and general contractors. See our Construction Accidents page for more.
Medical Malpractice
When medical negligence results in death, the family may have a wrongful death claim against the doctor, hospital, or facility responsible.
Nursing Home Neglect Deaths
When nursing home neglect results in a resident's death, the family may have both a nursing home negligence claim and a wrongful death claim. See our Nursing Home Abuse & Neglect page for more.
Defective Products
Fatal injuries caused by defective consumer products or vehicles may give rise to a products liability wrongful death claim against the manufacturer or distributor.
What Damages Cover — and the Deadline
- Lost financial support the deceased would have provided to the family.
- Loss of parental guidance and nurturing for surviving children.
- Funeral and burial expenses.
- The conscious pain and suffering the deceased experienced before death (survival claim).
Important: New York does not currently recognize grief or loss of companionship as recoverable wrongful death damages.
The statute of limitations is two years from the date of death. If a government entity is involved, a Notice of Claim must typically be filed within 90 days. These are strict deadlines — missing them can bar the family's claim entirely.
- Loss of parental guidance and nurturing for surviving children.
- Funeral and burial expenses.
- The conscious pain and suffering the deceased experienced before death (survival claim).
Important: New York does not currently recognize grief or loss of companionship as recoverable wrongful death damages.
The statute of limitations is two years from the date of death. If a government entity is involved, a Notice of Claim must typically be filed within 90 days. These are strict deadlines — missing them can bar the family's claim entirely.
Frequently Asked Questions
Who receives the money from a wrongful death lawsuit?
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Can I still file if my family member was partly at fault?
How long does a wrongful death lawsuit take?
Can we file a civil case even if there is a criminal case pending?
What is the 2-year deadline?
Does Kleban Law Group charge upfront?
Wrongful Death Attorneys Serving New York Families
Wrongful death lawyers in New York City — Brooklyn, Queens, Manhattan, the Bronx, and Staten Island.
Wrongful death lawyers in Nassau County — representing families throughout Nassau.
Wrongful death lawyers in Long Island — Suffolk County and surrounding areas.
Wrongful death lawyers in Valley Stream — local counsel for your community.
We're Here When Your Family Needs Guidance.
There is no pressure and no cost to speak with us. Call (866) 263-4529 — we'll listen, explain your options honestly, and help you decide what's right for your family.
Office hours: Monday–Friday, 9am–5pm · 16 S Central Avenue, Valley Stream, NY 11580
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Address:
16 S Central Avenue, Valley Stream, NY 11580
Office hours:
Monday - Friday: 9am to 5pm
Saturday - Sunday: Closed