What we handle
No lawsuit can bring back someone you love. A wrongful death claim can hold the responsible people accountable and protect your family's financial future. Evan Goldberg handles these cases personally, with compassion and with the trial experience to take a case to verdict when insurers won't be fair.
Call (845) 545-0448 to talk with Evan about what happened. There is no charge for the consultation and no fee unless we recover for your family.
What qualifies as wrongful death in New York
Under EPTL §5-4.1, a wrongful death claim may be brought when a person dies because of another party's wrongful act, neglect or default, and the person could have sued had they survived. Common causes include:
- Car, truck, pedestrian and bicycle crashes
- Construction site falls and accidents
- Medical malpractice and missed diagnoses
- Nursing home neglect
- Unsafe property conditions and negligent security
- Defective products and machinery
Who can bring a wrongful death claim
In New York, the claim is brought by the personal representative of the estate, usually the executor or a court-appointed administrator. Any recovery is then distributed to the surviving family members who suffered losses. We can help your family get the representative appointed through Surrogate's Court.
What damages can be recovered
New York's wrongful death law focuses on financial losses to the family, such as:
- Lost income and financial support
- Lost household services, care and guidance, including to children
- Medical and funeral expenses
A separate survival claim can recover for the conscious pain and suffering the person experienced before death.
New York still does not allow families to recover for their own grief. The Legislature has passed the Grieving Families Act to change that, but the Governor has vetoed it four times, most recently in December 2025. Evan Goldberg, as a past President of the New York State Trial Lawyers Association, has long supported that reform.
Wrongful death deadlines
A wrongful death lawsuit generally must be filed within two years of the date of death. Cases against a city, county or public authority usually require a notice of claim within 90 days. Contact us early so evidence can be preserved.
Read more about what wrongful death means in New York and the Grieving Families Act.
Serving clients across Rockland County — see our Rockland County personal injury lawyer page.
FAQ
It depends on the person's age, earnings, the support and care they provided, medical and funeral costs, and any conscious pain and suffering. We explain the value honestly after reviewing the facts.
Many cases settle. We prepare every case as if it will go to trial, which tends to produce better settlement offers.
Yes. The civil claim is separate, and it uses a lower standard of proof.
Talk to Evan about your case.
Free, confidential consultation. Home and hospital visits available.
More practice areas
Other cases we handle
Workplace Accidents
Workplace injuries in Spring Valley, Rockland County, and New York City — protecting injured workers' rights.
Car & Motor Vehicle Accidents
Auto, truck, motorcycle, pedestrian, bicycle, and rideshare collisions.
Construction Accidents
NY Labor Law §240 and §241 scaffold, ladder, and site-injury claims.
Undocumented Worker Injuries
Immigration status does not matter. Undocumented workers have the same right to full compensation under New York Labor Law.
Slip, Trip & Fall
Snow and ice, broken stairs, defective sidewalks, and wet floors.
Nursing Home Abuse & Neglect
Bedsores, falls, malnutrition, medication errors, physical and emotional abuse.