Are you looking for a wrongful death lawyer in Manhattan, NY?
At The Edelsteins, Faegenburg, & Blyakher LLP, we are trusted wrongful death lawyers serving clients across Manhattan for over 85 years.
If you have lost a family member to someone else’s negligence in Manhattan, the weeks that follow often bring funeral bills, lost income, and questions no one around you can answer. Our Manhattan, NY wrongful death lawyer can carry the legal side of that loss so your family is not also fighting an insurance company. Three generations of our attorneys have done that work for New York families since 1937. Reach out for a free consultation to find out whether your family has a claim.
Wrongful Death Lawyer Manhattan, NY
A wrongful death lawyer represents the family of a person whose death was caused by another party’s negligence or wrongful act. In New York the claim belongs to the estate and is brought by its personal representative, so the job of a wrongful death attorney in Manhattan covers three things at once: proving fault, documenting what the death cost the survivors financially, and dealing with every insurer involved.
Manhattan recorded 39 traffic deaths in 2025, and crashes are only one source of these claims. Construction falls, medical errors, unsafe buildings, and neglect in care facilities produce the rest, and each calls for different proof. What they share is a family left behind and a defendant who would prefer not to answer for what happened.
Types of Wrongful Death Cases We Handle in Manhattan
Fatal accidents in Manhattan fall into a handful of categories, and the evidence that decides each one is different. Our Manhattan wrongful death attorneys build the claim around the proof that particular case needs.
- Car accidents. Speeding, red-light running, and distracted driving kill people on Manhattan avenues every year. We obtain the police report, a reconstruction, and any camera footage before it is overwritten, then pursue every driver and policy involved.
- Truck accidents. Delivery trucks, sanitation vehicles, and tractor-trailers share narrow streets with pedestrians and cyclists. We move quickly to preserve electronic logs, maintenance records, and dispatch data, and we examine the company as closely as the driver.
- Motorcycle accidents. A rider has no protection in a collision, and insurers tend to argue the rider was speeding or weaving before the evidence is in. We answer that with physical evidence and witness accounts.
- Pedestrian and bicycle crashes. Failure to yield, turning conflicts, and doorings take lives at Manhattan crosswalks and in bike lanes. Drivers, vehicle owners, and in some cases the city can share responsibility.
- Construction accidents. Falls from height, falling objects, and crushing injuries kill workers on Manhattan job sites. Workers’ compensation pays a death benefit, but it does not reach the owner or general contractor whose safety failures caused the fall. A separate claim against those parties is often available when a worker dies on the job.
- Drunk driving crashes. The intoxicated driver is liable for the death, and a bar that overserved that driver may be as well. We find out where the driver was drinking and who kept pouring.
- Medical malpractice deaths. A missed diagnosis, a surgical error, or a medication mistake can turn a treatable condition into a fatal one. We take these cases when the departure from accepted care is clear. A delayed diagnosis case often involves months of missed warning signs.
- Slip and falls. A fatal fall on a broken stair, in an unlit stairwell, or on an icy sidewalk is a premises claim against the owner or manager who ignored the hazard. Surveillance video and maintenance logs decide these cases, and both disappear fast.
- Nursing home neglect. Bedsores, falls, dehydration, and medication errors end lives in care facilities. When staffing or supervision fell short, the facility can be sued for the death.
Why Choose The Edelsteins, Faegenburg, & Blyakher LLP as My Wrongful Death Lawyer in Manhattan, NY?
Results in Fatal and Catastrophic Accident Cases
We have recovered more than $131 million for our clients, and several came from fatal or catastrophic crashes:
- $7,208,000 for the family of a worker killed by a company truck
- $9,000,000 for a pedestrian struck on the sidewalk by a drunk driver
- $5,500,000 for a pedestrian struck by a motor vehicle in a crosswalk
- A jury verdict against Harley-Davidson following a fatal trike crash
Three Generations of Plaintiff-Side Trial Attorneys
Paul J. Edelstein is the third generation of his family to practice personal injury law in New York City. He graduated from Brooklyn Law School in 1995, was admitted the same year, and belongs to the New York State Trial Lawyers Association (NYSTLA) and the American Bar Association. He volunteered with the Trial Lawyers Care 9/11 Project, which provided free legal help to September 11 victims and their families.
Glenn K. Faegenburg earned his J.D. from Brooklyn Law School in 1990 after attending the University of Pennsylvania. He has been selected for Super Lawyers and Best Lawyers and is a member of Eight Figure Litigators.
Every case we take is a plaintiff’s case. Our personal injury lawyer in Manhattan, NY does not defend insurers, and that matters when you are choosing your legal team. You pay no fee unless we win.
What Is Important To Understand About Wrongful Death Cases?
Damages, Liability, and Compensation for Wrongful Death Cases
New York’s wrongful death statute is narrower than most families expect, and the way it measures loss shapes every claim.
- Who brings the claim. Only the estate’s personal representative, appointed by the Surrogate’s Court, can file. The recovery is then distributed to the spouse, children, or other distributees, which is why a wrongful death attorney in Manhattan, NY often starts in that court before any lawsuit is filed.
- Pecuniary loss. New York measures wrongful death damages by the financial injury to the survivors: lost income and support, the value of services the person provided, lost inheritance, and, for children, lost parental guidance. Funeral expenses and medical bills from the final injury are recoverable as well.
- Conscious pain and suffering. Grief itself is not compensable under current law, but the estate can bring a separate survival action for the pain the person experienced between the injury and death.
- Comparative fault. Under CPLR 1411, fault attributed to the person who died reduces the award by that percentage. It does not bar the claim. A May 2026 amendment added a stricter rule for motor vehicle injury claims covered by New York’s No-Fault law, under which a claimant more than 50 percent at fault recovers nothing.
- Punitive damages. These remain available in a wrongful death action when the conduct would have supported them had the person survived.
The legislature has passed a Grieving Families Act four times to add grief damages and lengthen the filing deadline. Each version was vetoed, most recently in December 2025, so pecuniary loss remains the measure.
Important Aspects of a Wrongful Death Case
Two things decide most of these cases early: who controls the claim and how fast the evidence is secured. A wrongful death attorney in Manhattan, NY should be working on both within days of being retained.
- Someone must be appointed to file on the estate’s behalf, and family disagreement over that role can stall everything.
- Vehicle data, camera footage, and site conditions vanish quickly, so preservation letters go out immediately.
- Several defendants may share liability, and each insurer will try to shift blame to another.
- Claims against the City, the MTA, or another public body carry notice deadlines measured in months, not years.
- The person’s earnings history and role in the household set the value of the claim.
What Is The Wrongful Death Case Timeline?
Manhattan wrongful death attorneys generally see these cases run two to four years, longer when liability is contested or a criminal prosecution is pending. The deadline does not move: two years from the date of death, with a limited extension when a criminal case arises from the same event.
- Appointment of the personal representative in Surrogate’s Court
- Investigation, evidence preservation, and a notice of claim where a public entity is involved
- Filing the lawsuit in New York County Supreme Court and completing discovery
- Settlement negotiations or mediation, usually after depositions
- Trial when the offer does not match the loss
- Court approval of any settlement and a hearing on how the recovery is divided among family members
What to Bring to Your Wrongful Death Consultation?
Bring what you have to your appointment with us. Our Manhattan wrongful death attorneys will obtain the rest as your case continues.
- The death certificate and any police, incident, or OSHA report
- Medical records and bills from the final injury and treatment
- Funeral and burial invoices
- Recent tax returns, pay stubs, or other proof of the person’s income
- Any will, and the names of the surviving spouse and children
- Letters or messages from insurance companies
The consultation is free and confidential. We will explain who can file, what the claim is likely worth, and what the next 30 days should look like.
Most Dangerous Locations for Fatal Accidents in Manhattan
A fatal accident lawsuit arising in Manhattan is filed in the New York County Supreme Court, Civil Term at 60 Centre Street. The letters that authorize a family member to bring it are issued by the New York County Surrogate’s Court at 31 Chambers Street, two blocks away.
- NYC DOT’s pedestrian safety plan for the borough found that Manhattan’s highest-crash locations are concentrated below 59th Street, that trucks are involved in 25 percent of the borough’s pedestrian deaths.
- And that 17 priority corridors, Houston Street among them, account for half of all pedestrians killed or severely injured. Eighth Avenue between Hudson Street and Columbus Circle saw 20.9 pedestrians killed or severely injured per mile before its redesign.
- Third Avenue at 57th Street and the Broadway and Columbus Avenue crossing at Lincoln Center were flagged for safety projects.
Reach Out to The Edelsteins, Faegenburg, & Blyakher LLP to Schedule a Consultation
If you are unsure whether your family has a claim, that is what we can discuss during your first consultation. We will review how your family member died, identify who may be responsible, and explain what a claim would involve. You pay nothing unless we recover for you. Contact us to schedule a free consultation with a Manhattan wrongful death attorney at our firm.