Long Island Wrongful Death Attorney

Helping Families Across Nassau and Suffolk Counties Seek Justice After a Tragic Loss

Losing someone you love is devastating. When that loss happens because of someone else’s negligence, recklessness, or wrongful conduct, the pain is layered with questions that most families were never prepared to answer: Who is responsible? How will we pay our bills? What are our rights?

At Palermo Law, we understand that the families who come to us are in the most painful chapter of their lives. We do not take that lightly. Our role is not just to handle the legal details. It is to stand beside you, help you understand your legal options, and pursue the full measure of accountability and compensation that your family deserves.

Our firm has represented injured individuals and grieving families throughout Long Island for more than 25 years. We focus exclusively on personal injury and wrongful death cases across Nassau and Suffolk Counties. During that time, we have helped clients recover more than $75 million in settlements and verdicts, and we have been recognized as Best Law Firm on Long Island for five consecutive years, from 2020 through 2024.

Take the First Step

Your family deserves answers — and an advocate who will fight for them

Wrongful death cases are legally complex. Evidence fades quickly. Deadlines are unforgiving. The sooner your family has experienced legal representation, the stronger your position. If you lost a loved one due to someone else’s negligence anywhere on Long Island, we are here to help.

Get a Free Case Review

Why Families Across Long Island Choose Palermo Law

Choosing a wrongful death attorney is one of the most important decisions your family will make during an already overwhelming time. You need a firm that combines genuine legal experience with compassionate, personal attention.

Palermo Law has represented accident victims and grieving families throughout Nassau and Suffolk Counties for more than two decades. We are a personal injury firm. This is what we do. We do not dabble in real estate closings or business disputes. Our focus and our resources are entirely devoted to cases like yours.

Families who work with us benefit from:

• More than 25 years of experience handling serious personal injury and wrongful death cases
• Over $75 million recovered for injured clients and their families
• Recognition as Best Law Firm on Long Island from 2020 through 2024
• More than 400 five-star Google reviews reflecting the trust families place in us
• Membership in the Million Dollar Advocates Forum
• 9 conveniently located offices across Long Island so your family is never far from in-person support
• A contingency fee structure meaning you pay nothing unless we recover compensation for you
• Direct access to our experienced legal team throughout your case

Most importantly, we understand the weight of what your family is carrying. Our three core commitments in every case are to maximize the compensation your family recovers, reduce the stress of the legal process as much as possible, and resolve your case as efficiently as we can without ever sacrificing the quality of your representation.

What Is a Wrongful Death Claim in New York?

A wrongful death claim is a civil lawsuit brought when a person dies as the direct result of another party’s negligent, reckless, or intentional conduct. In New York, these claims are governed by

EPTL §5-4.1 and are distinct from any criminal proceedings that may arise from the same incident.

Unlike criminal cases, a wrongful death lawsuit does not seek to punish the responsible party with jail time. It seeks to compensate the surviving family members for the real financial and personal losses caused by the death. These two legal processes can occur simultaneously and independently.

New York wrongful death law has several important characteristics that distinguish it from other states:

• The lawsuit must be filed by the personal representative of the deceased person’s estate, not necessarily by family members directly. Although a family member is often the person appointed as the representative. This representative is usually named in the will or appointed by Surrogate’s Court.
• The compensation recovered is distributed to surviving family members according to New York estate law.
• New York law focuses primarily on economic and financial damages. Non-economic damages such as grief and emotional distress are generally not recoverable in the wrongful death claim itself.
• The statute of limitations is generally two years from the date of death, with important shorter exceptions when government entities are involved.

Because of the intersection between estate law and personal injury litigation, these cases benefit enormously from early legal involvement and careful handling from the outset.

Common Causes of Wrongful Death on Long Island

Fatal accidents can happen in many different circumstances. On Long Island, wrongful death claims most commonly arise from the following types of preventable incidents:

Who Can File a Wrongful Death Lawsuit in New York?

New York law places specific procedural requirements on who may file a wrongful death claim. The lawsuit must be filed by the personal representative of the deceased person’s estate. This person is typically named as the executor in the will. If there is no will, the Surrogate’s Court will appoint an administrator.

Although the personal representative is the named plaintiff, the compensation recovered is distributed for the benefit of the decedent’s distributees, which typically includes the surviving spouse, children, and parents. Other dependents may also qualify depending on the specific circumstances.

Navigating both the estate appointment process and the personal injury litigation simultaneously is one reason why early legal guidance is so important. Our attorneys help families understand each step of the process and ensure that all procedural requirements are met correctly from the beginning.

What Compensation Is Available in a New York Wrongful Death Case?

New York wrongful death law focuses primarily on economic and financial losses suffered by surviving family members. While this framework is different from some other states that allow recovery for grief or emotional suffering, the damages available under New York law can still be substantial.

Compensation in a wrongful death case may include:

• Loss of financial support the deceased would have provided over their expected lifetime
• Loss of household services and contributions to the family
• Funeral and burial expenses
• Medical expenses incurred before death as part of the final injury or illness
• Loss of parental guidance and nurturing for minor children
• Interest on damages calculated from the date of death

The value of any individual wrongful death claim depends on many factors, including the deceased person’s age, income and earning potential, health, the number and ages of surviving dependents, and the nature of the circumstances that caused the death. Every case is different, and we provide honest, individualized assessments based on the specific facts of your family’s situation.

How Our Long Island Wrongful Death Lawyers Investigate Fatal Accidents

The strength of a wrongful death case depends on the quality of the investigation. Evidence can disappear quickly after a fatal accident. Surveillance footage gets erased. Witnesses become difficult to locate. Physical evidence at an accident scene changes. This is why early legal involvement can make an enormous difference in the outcome of a case.

When Palermo Law handles a wrongful death case, our investigation typically includes:

This thorough process allows us to build a well-supported, persuasive claim when negotiating with insurance carriers or presenting the case to a jury. We do not cut corners, and we do not rush to settle before we fully understand the value of your family’s loss.

Wrongful Death Statute of Limitations in New York

Under New York EPTL §5-4.1, a wrongful death lawsuit must generally be filed within two years from the date of the decedent’s death. This is a strict deadline and missing it will almost certainly bar your family from pursuing compensation, regardless of the merits of the case.

There are limited exceptions. When a government entity is involved, such as a municipality or public transportation authority, the timeline is significantly shorter and requires a Notice of Claim to be filed within 90 days of the date of death under General Municipal Law §50-e. Cases involving government defendants require immediate action.

Because deadlines can be complicated by factors specific to each case, the safest course of action is always to consult with an attorney as early as possible after a fatal accident. Do not wait.

Reviewed by

Steven Palermo Esq.

Senior Partner, Palermo Law, P.L.L.C.

Steven Palermo is a Long Island personal injury attorney with more than 25 years of experience representing injured victims in Nassau and Suffolk Counties. He is admitted to the New York State Bar and the United States District Court for the Eastern District of New York.