New York Wrongful Death Attorney

Facing the tragic loss of a loved one demands more than legal support; it requires unwavering compassion and a commitment to justice. Our New York wrongful death attorneys are here to provide both. We fight relentlessly for the memory of your loved one and your family’s rights.

The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team

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Our Notable Personal Injury Verdicts & Settlements

Personal Injury

$7.5 Million

A wife and mother of three was paralyzed as a result of a defective car roof design

Personal Injury

$6.5 Million

High speed head-on-collision in causes catastrophic injury

Personal Injury

$6.1 Million

Welder who suffers devastating brain injury at work obtains substantial recovery

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Securing Justice for Tragic Losses for Over Four Decades

Securing Justice for Tragic Losses for Over Four Decades

For over four decades, the Jacob D. Fuchsberg Law Firm has provided unwavering support for families grappling with the profound pain of a wrongful death. Our dedicated team of New York wrongful death lawyers combines decades of legal skill with a profound commitment to justice. We understand the devastating impact that the loss of a loved one can have on your family, and we are here to provide compassionate guidance and relentless advocacy.

Our team has a deep understanding of the legal complexities surrounding wrongful death cases, and we delve into each case with meticulous attention to detail, leaving no stone unturned in our pursuit of justice. Our legacy is built on successful outcomes, and our reputation as trusted advocates speaks volumes. When you choose the Jacob D. Fuchsberg Law Firm, you’re choosing a partner who will tirelessly fight for your family and honor the memory of your loved one.

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What Is a Wrongful Death Claim?

A wrongful death claim is a legal action you can file when the negligence, recklessness, or intentional actions of another party lead to the tragic loss of your loved one. It is a legal avenue that allows you to seek compensation and hold the responsible party accountable for their actions.

As your NYC wrongful death lawyer will explain, your situation must usually meet certain criteria for you to pursue a claim:

  1. A person died.
  2. Another party caused the death through their intentional, negligent, or reckless actions.
  3. Surviving family members suffered financially due to the unexpected death.

If you’re unsure whether your situation matches these legal foundations of a wrongful death claim in NYC, contact our team for a free consultation. We’re here to provide the clarity and guidance you need during this challenging time.

Common Causes of Wrongful Death Incidents

Common Causes of Wrongful Death Incidents

A wrongful death in New York can be caused by various circumstances, including:

  1. Car accidents: Reckless, negligent, or inebriated driving can lead to fatal crashes.
  2. Medical malpractice: Errors by healthcare providers during treatment or surgery can lead to an unfortunate early demise.
  3. Construction accidents: Hazardous work conditions or a failure to meet safety protocols can result in fatal accidents.
  4. Use of defective products: Products with design flaws or manufacturing defects can cause fatal injuries.
  5. Premises liability incidents: Negligence in property maintenance can lead to fatal accidents on someone else’s property.
  6. Nursing home neglect: Failure to provide proper care in nursing homes can lead to fatalities.

Understanding the cause of death is crucial when pursuing a claim for accountability and compensation.

Determining Your Eligibility for a New York Wrongful Death Lawsuit

Your eligibility for a wrongful death claim in New York hinges on several key factors and is rooted in specific legal principles. To determine whether you are eligible to file a claim, consider the following aspects bellow.

Relationship to the Deceased

Relationship to the Deceased

In New York, those eligible to file a wrongful death claim typically include surviving spouses, children, and other dependents of the deceased. However, eligibility can also extend to parents, especially if the deceased was the caregiver or primary financial provider for the parents.


To pursue a wrongful death claim, you must establish that the death resulted from someone else’s negligence, recklessness, or intentional misconduct. This means showing a direct or indirect link between another party’s actions (or inactions) and the fatal incident.

Statute of Limitations

New York imposes a specific time limit (known as the statute of limitations) for filing a wrongful death claim. Generally, this limit is two years from the date of the individual’s death. However, other factors may be at play that further restrict this time period, so it’s crucial to act promptly and consult a wrongful death attorney to preserve your right to pursue a claim.

Financial and Emotional Loss

Wrongful death claims aim to compensate surviving family members for the losses they have suffered due to the death of their loved one. These losses can include financial support, emotional support, and other tangible and intangible damages.

Complexities of the Case

Each wrongful death case is unique, and the circumstances surrounding any given death can vary significantly. Because the complexity of the case can affect your eligibility, it’s essential to consult with a dedicated attorney who can evaluate the specific details of your situation.

Potential Defendants

Identifying the parties responsible for a death is a critical aspect of eligibility. Whether it’s a negligent driver, a medical professional, a product manufacturer, or another entity, you and your attorney must determine who should be held accountable.

Evidence and Documentation

Evidence and Documentation

Gathering and preserving evidence related to the wrongful death is essential for building a strong case. This includes medical records, accident reports, witness statements, and any other relevant documentation. Your attorney can help you track down any relevant evidence and present it in a compelling way that strengthens your claim.

To determine your eligibility for a wrongful death claim in New York, it’s important to consult with a wrongful death attorney. They can assess your circumstances, help you understand relevant legal concepts, and guide you through the process. Wrongful death claims are emotionally challenging, and having knowledgeable legal support is crucial to securing the justice and compensation your family deserves.

How Our Attorneys Can Support You in Your Wrongful Death Legal Battle

At the Jacob D. Fuchsberg Law Firm, our dedicated attorneys are here to provide unwavering support throughout your wrongful death legal battle.

Here’s how our team can assist you:

  1. Comprehensive legal guidance: Our New York wrongful death attorneys will provide you with a clear understanding of the legal process.
  2. Investigation and evidence gathering: We will meticulously investigate the death and collect crucial evidence, including accident reports, medical records, witness statements, and expert opinions.
  3. Identifying responsible parties: We will work to identify all potentially liable parties, whether it's an individual, a corporation, or even a government entity.
  4. Negotiating with insurers: Our attorneys will handle all communication with insurers, fighting on your behalf to secure fair compensation.
  5. Timely legal filings: We will ensure that all necessary paperwork is filed within the required timeframe to protect your rights.
  6. Strong legal representation: If a settlement cannot be reached, our attorneys will provide vigorous and relentless representation in court.
  7. Emotional support: We offer compassionate support and a listening ear, providing comfort during this challenging time.
  8. Maximizing compensation: We will work diligently to maximize the compensation you deserve — this includes seeking damages for medical expenses, funeral costs, lost income, and the emotional pain and suffering your family has endured.
  9. Clear communication: Our competent wrongful death attorneys will keep you informed about the progress of your case and your legal options.
  10. Personalized approach: Because every wrongful death case is unique, our attorneys will tailor their approach to your specific circumstances.
  11. Fighting for justice: Our ultimate goal is to get justice for your family and hold those responsible accountable for their actions.

When you choose the Jacob D. Fuchsberg Law Firm, you’re choosing a team with the legal acumen and support needed to present a compelling case and succeed in your wrongful death claim.

Get Compassionate Assistance During Your Time of Grief

Find solace and support in your wrongful death journey. Reach out to us today for compassionate legal guidance during your time of grief.

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Who Files a Wrongful Death Claim in New York?

In New York, a wrongful death claim is typically filed by the following individuals:

  1. Surviving spouse: The surviving spouse of the deceased has the primary right to initiate a wrongful death claim.
  2. Children: If there is no surviving spouse, the deceased's children can file a claim.
  3. Parents: If the deceased had no spouse or children, the parents of the deceased may have the right to file a claim, especially if they were dependent on their child.
  4. Estates and executors: In some cases, the personal representative or executor of the deceased's estate may file a wrongful death claim on behalf of the estate and distribute any damages to the appropriate beneficiaries.

It’s essential to note that eligibility can vary depending on the specific circumstances. Therefore, consulting with an attorney is crucial to determining who can file a wrongful death claim.

What Steps Should You Take Following a Loved One’s Unexpected Death?

What Steps Should You Take Following a Loved One’s Unexpected Death?

Following the tragic loss of a loved one, it’s essential to take specific steps in the difficult aftermath to protect your future rights to file a wrongful death claim.

Here are some steps you should take:

  1. Ensure safety and notify authorities: If the death occurred in a dangerous or suspicious manner, prioritize your safety and call emergency services.
  2. Notify family and friends: Inform close family members and friends about the loss.
  3. Contact an attorney: If you suspect wrongful death due to negligence or misconduct, consult a wrongful death attorney who can assess the situation and inform you about your legal options.
  4. Gather documentation: Following the guidance of your attorney, collect important documents such as the death certificate, medical records, and any evidence related to the incident.
  5. Funeral arrangements: Arrange for the deceased's funeral or memorial service according to their wishes and your family's traditions.
  6. Make immediate financial arrangements: Notify relevant financial institutions, such as banks and insurance companies, of the death — also address any outstanding bills and financial obligations.
  7. Legal proceedings: If you are pursuing a wrongful death claim, your attorney will guide you through the legal process.
  8. Emotional support: Contact grief counseling and support groups for emotional assistance during this challenging time.
  9. Estate matters: If applicable, consult with an estate attorney to address matters related to the deceased's will, assets, and estate distribution.
  10. Settle any remaining affairs: Work through administrative tasks like canceling subscriptions, updating records, and addressing any of the deceased's remaining belongings.

It’s a lot to manage, especially in an emotionally charged time, but a wrongful death attorney can help you to complete any required legal tasks without adding to your burdens.

What If the Deceased Is Blamed for the Fatal Accident?

What If the Deceased Is Blamed for the Fatal Accident?

In situations where your family member is held responsible for the accident that led to their demise, it can complicate the pursuit of a wrongful death claim. However, it’s vital to recognize that New York follows a comparative negligence system. This means that even if your loved one bears some responsibility for the accident, you may still be eligible for compensation. Nevertheless, the awarded compensation might be reduced in proportion to their degree of fault.

For example, if it’s determined that your loved one is 20% at fault for the accident, the compensation granted in the wrongful death claim could be diminished by that same percentage. It is therefore imperative to have competent legal representation to navigate these intricacies effectively. A wrongful death attorney can assess the incident, gather evidence, and work to minimize any allegations of fault against your loved one, helping you obtain the highest possible compensation for your losses.

Why Enrust Your Wrongful Death Case to Jacob D. Fuchsberg Law Firm?

Choosing the right legal team to handle your wrongful death case is a crucial decision.

Here’s why you should consider entrusting your case to the Jacob D. Fuchsberg Law Firm:

  1. Proven experience: With over four decades of experience, our firm has a long-standing history of successfully advocating for families in wrongful death cases.
  2. Compassion and support: Our compassionate approach means that we not only provide legal guidance but also emotional support during this challenging time.
  3. Thorough investigation: We leave no stone unturned in investigating the circumstances surrounding your loved one's death.
  4. Maximizing compensation: Our goal is to secure the maximum compensation you deserve, aiming to cover medical expenses, funeral costs, lost income, and the emotional pain and suffering endured by your family.
  5. Timely action: We ensure that all necessary paperwork is filed promptly to protect your rights.

There is no room for error when pursuing compensation for your loved one’s death. Let the Jacob D. Fuchsberg Law Firm go to bat for you and provide you with exceptional representation.


Our Clients’ Reviews


I cannot rate the firm any higher! we are extremely happy with the service we received from Brad, Chris and the team. We are northern Irish citizens and as such had no experience of the US justice system, Chris and Brad helped us navigate this and made sure we understood every step of the process and we were kept informed of what would happen with the case.

We also felt that Brad and Chris had a genuine interest in our story, what the implications for us as a family were and they were genuinely invested in how they could help our situation.

We were reassured by the manor in which Chris and Brad dealt with us and trusted that the advice we were given was always well balanced and in our best interests. We were extremely happy with the outcome the firm achieved for us and feel that we only got this outcome due to the hard work of Chris and Brad. I would not hesitate to recommend the firm to anyone who is considering a case and wants to feel as though they are really valued as a client.

Many thanks to the firm for all of their hard work on our behalf it truly is appreciated.

Leanne Montgomery




Let’s go to the beginning when I realize that I was going to need legal assistance because I was shocked that I was actually injured I called my fiancé and told her that I was going to need a lawyer, so she googled the top 5  personal injury law firms in NY and The Jacob Fuchsberg Law Firm came up. One of the representatives from the firm took the time to come personally to my home to see me, that immediately showed me that I was going to be able to make it through my pain and suffering they understood what I was going through and with patience, persistence, and diligence they were able to get the best results possible in settling my case. I highly recommend the Jacob Fuchsberg Law firm when the unexpected happens you will not be dissatisfied with the kind, courteous and professionalism that you would expect from a law firm.

Keith Middleton




Very satisfied with the representation I was given from this law firm.  I would recommend Fuchsberg to anyone with a unique situation such as mine. My attorney went above and beyond to ensure everything was done thoroughly and in a timely manner! Everything about this firm exceeded my expectations! Very special thank you to Chris,  Allison, and Brad!

Marie Price



Our Clients’ Reviews

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Contact Our Team to Pursue a Successful Wrongful Death Claim

Don’t delay justice for your loved one. Reach out to our dedicated wrongful death attorneys today, and start the process of securing the compensation and accountability your family deserves.

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