Long Island Wrongful Death Attorney

Expert Long Island Wrongful Death Lawyer

At The Law Office of Jason Tenenbaum, P.C., we understand the devastating impact of losing a loved one due to another party’s negligence. As personal injury attorneys serving Huntington Station and communities throughout Long Island, we are committed to helping families pursue justice and fair compensation in wrongful death cases. These claims fall under New York’s personal injury framework, enabling surviving family members to hold negligent parties accountable for their actions. From our office at 326 Walt Whitman Rd, Suite C, Huntington Station, NY 11746, we bring years of experience in complex wrongful death litigation and a thorough understanding of New York’s Estates, Powers and Trusts Law (EPTL). If you have lost a family member due to someone else’s negligence, contact us at 516-750-0595 or email intake@jtnylaw.com for a free, compassionate consultation.

What Constitutes Wrongful Death Under New York Law?

A wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or intentional conduct. The responsible party may be an individual, a corporation, or another entity. New York governs these claims through EPTL § 5-4.1, which grants specific family members the right to seek compensation for their losses. Unlike criminal proceedings—which focus on punishing the offender—a wrongful death action is a civil lawsuit designed to provide financial relief to the survivors.

New York personal injury law recognizes that a death caused by negligence inflicts not only profound grief but also significant financial hardship on surviving family members. Consider a Long Island family that loses its primary wage earner in a collision caused by a drunk driver. The surviving spouse and children may face mounting medical bills, funeral expenses, and the permanent loss of future income. At The Law Office of Jason Tenenbaum, P.C., we build compelling cases that demonstrate these impacts while adhering to New York’s strict two-year statute of limitations for wrongful death claims.

Wrongful death claims are distinct from survival actions, which are governed by EPTL § 11-3.2. Survival actions compensate the decedent’s estate for the pain and suffering the individual endured before death. Our attorneys frequently pursue both types of claims simultaneously, ensuring that our clients receive the most comprehensive recovery available under New York law.

Common Causes of Wrongful Death on Long Island

Long Island’s busy highways, active waterways, and densely populated communities—from Huntington to the East End—create conditions in which serious and fatal accidents occur with alarming frequency. Our attorneys handle a wide range of wrongful death scenarios, each requiring careful analysis under New York personal injury law. Common causes include motor vehicle collisions, pedestrian and bicycle accidents, construction site incidents, medical malpractice, defective products, and drowning or boating accidents.

These cases often reveal how a single act of negligence can produce catastrophic consequences. Our deep familiarity with Long Island helps us identify local factors—such as increased summer tourist traffic, seasonal weather hazards, and construction patterns—that contribute to these incidents.

Who Can File a Wrongful Death Lawsuit in New York?

Under EPTL § 5-4.1, only the personal representative of the decedent’s estate—typically a surviving spouse or the executor named in the will—may initiate a wrongful death lawsuit. However, any damages recovered are distributed to the decedent’s distributees, who may include:

• The surviving spouse and children
• Parents, if there is no surviving spouse or children
• Siblings or other distributees as defined by New York law

When minor children are among the distributees, the court appoints a guardian ad litem to protect their interests. At The Law Office of Jason Tenenbaum, P.C., we assist families in selecting the appropriate personal representative and ensuring that all eligible distributees are properly identified. This careful attention to procedural requirements is especially important in close-knit Long Island families where a single loss affects multiple generations.

It is essential to act quickly, as the two-year statute of limitations begins running from the date of death. Over time, critical evidence deteriorates and witness recollections fade. We encourage families to seek legal counsel as early as possible to preserve the strength of their claims.

Types of Damages in Wrongful Death Cases

New York wrongful death actions primarily focus on the pecuniary—or financial—losses suffered by the surviving family members, although a companion survival action may also recover damages for the decedent’s pre-death pain and suffering. Recoverable damages in a wrongful death case may include:

• Lost future earnings and benefits the decedent would have provided
• Loss of parental guidance, nurturing, and household services
• Medical expenses incurred before death
• Funeral and burial costs
• Loss of inheritance

Our team employs economic experts and actuarial analysis to calculate the full value of these losses. We also account for Long Island’s higher cost of living, which directly affects the size of damage awards. Whether a case involves a fatal boating accident on Great South Bay or a highway collision on the Long Island Expressway, we pursue every dollar our clients are entitled to under the law.

How the Wrongful Death Claims Process Works

A wrongful death lawsuit generally follows these key stages:

• Investigation: We conduct a thorough review of the circumstances surrounding the death, gather evidence, and identify all potentially liable parties.
• Filing the complaint: The personal representative files the wrongful death action in the appropriate New York court within the two-year statute of limitations.
• Discovery: Both sides exchange relevant documents, take depositions, and retain expert witnesses to support their positions.
• Negotiation: We engage in settlement discussions with the defendant’s insurance carriers, advocating aggressively for a fair resolution.
• Trial: If a reasonable settlement cannot be reached, we are fully prepared to present the case before a jury.

We handle the legal complexities at every stage so that grieving families can focus on healing. Our firm works on a contingency-fee basis—you pay nothing unless we recover compensation on your behalf.

Why Choose The Law Office of Jason Tenenbaum, P.C.

As a dedicated personal injury firm, we provide the individualized attention that larger practices often cannot. Jason Tenenbaum brings extensive experience in New York wrongful death litigation, with a proven record of holding negligent parties accountable in cases involving motor vehicle accidents, medical malpractice, and more. Our connection to Long Island is deeply personal—we live and work in this community, and we understand the challenges our neighbors face.

We combine compassion with tenacity, handling every case with the integrity and determination it demands. Clients value our straightforward explanations of complex legal issues, such as how New York’s comparative fault rule under CPLR § 1411 may reduce a recovery if the decedent shared some degree of responsibility for the incident.

Thorough preparation and unwavering client focus drive our results. Whether negotiating with an insurance carrier or presenting arguments in Suffolk County Supreme Court, we fight to secure the maximum compensation needed to stabilize your family’s future.

Contact Us for a Free Wrongful Death Consultation

The loss of a loved one to wrongful death is permanent, but pursuing accountability can be an essential step toward healing. If your family needs experienced personal injury attorneys on Long Island, contact The Law Office of Jason Tenenbaum, P.C. today. Call 516-750-0595, email intake@jtnylaw.com, or visit our office at 326 Walt Whitman Rd, Suite C, Huntington Station, NY 11746. We are here to provide the guidance and advocacy that New York law entitles you to.