Hill & Moin LLP helps families seek accountability when negligence or another wrongful act causes the death of a loved one. The Manhattan Wrongful Death Attorneys at Hill & Moin can investigate fatal accidents in New York County, identify potentially liable parties, preserve evidence, and explain the compensation available under New York’s wrongful death laws. These cases may arise from traffic crashes, construction accidents, dangerous properties, medical negligence, and other preventable incidents.
Losing a family member creates emotional and financial consequences that no lawsuit can undo. A wrongful death claim provides a legal process for addressing certain financial losses resulting from that death while holding responsible parties accountable under New York law.
What Can Lead to a Wrongful Death Claim in Manhattan?
Under New York Estates, Powers and Trusts Law §5-4.1, a wrongful death action can be brought when a wrongful act, neglect, or default caused a person’s death and the responsible party could have been liable had the person survived. The action is brought by the decedent’s personal representative for qualifying distributees.
Fatal incidents in Manhattan may involve:
- Car, truck, taxi, bicycle, and pedestrian crashes
- Construction accidents
- Falls from buildings or elevated work areas
- Dangerous property conditions
- Elevator or escalator accidents
- Defective products
- Nursing home negligence
Location can influence the investigation. An accident on the West Side Highway presents different evidence and liability questions from a fall at a Midtown construction project or an incident inside an Upper Manhattan apartment building.
Fatal Construction Accidents in Manhattan
Manhattan’s high-rise construction, façade work, renovations, demolition, scaffolding, cranes, and building alterations create distinctive risks for workers.
NYC Department of Buildings data shows 320 construction-related injuries and 10 construction fatalities citywide during 2025. Injuries fell 34% from 482 in 2024, but fatalities increased by three. Falls continued to be the leading cause of construction-related injuries and deaths. The DOB data covers building construction and does not include every road or transit construction project.
The Department continues to publish construction accident reports in 2026, including incidents resulting in injury or death reported under Local Law 78.
Fatal construction accidents may involve scaffold or ladder falls, falling materials, cranes and hoists, structural collapses, heavy equipment, electrical hazards, or unsafe demolition.
When a worker dies, workers’ compensation death benefits may be one consideration. Depending on the circumstances, the personal representative may also pursue claims against an owner, general contractor, subcontractor, equipment manufacturer, or another responsible third party. New York Labor Law §§200, 240(1), and 241(6) can also be relevant to qualifying construction accidents.
You deserve a law firm that prioritizes your family’s future. Call Hill & Moin LLP to discuss the circumstances surrounding a fatal Manhattan construction or personal injury accident.
Who Can File a New York Wrongful Death Lawsuit?
New York does not simply allow any relative to initiate the lawsuit individually.
EPTL §5-4.1 provides that the personal representative of the deceased person’s estate brings the wrongful death action for the benefit of the decedent’s distributees.
This distinction can require an estate proceeding before or alongside the wrongful death case. Hill & Moin lawyers can explain how the personal injury, estate, and wrongful death issues interact.
A wrongful death claim may also be accompanied by a survival claim when legally appropriate. A survival action can address damages suffered by the deceased person before death, including qualifying conscious pain and suffering. New York courts distinguish those damages from the losses claimed by surviving distributees in the wrongful death action.
What Compensation Is Available in a Wrongful Death Case?
New York’s current wrongful death statute focuses primarily on pecuniary injuries, meaning measurable economic losses suffered by the people for whose benefit the action is brought.
Potential damages can include:
| Potential Loss | Examples |
| Lost financial support | Income the deceased would have contributed |
| Lost services | Household and other valuable services |
| Medical expenses | Qualifying treatment related to the fatal injury |
| Funeral expenses | Reasonable funeral costs |
| Other financial losses | Pecuniary losses supported by evidence |
EPTL §5-4.3 also provides for interest from the date of death and permits punitive damages when they would have been recoverable had the decedent survived.
Calculating losses can require employment records, tax documents, evidence of household contributions, expert analysis, medical bills, and other financial documentation.
What Evidence Can Help Establish Wrongful Death Liability?
A wrongful death case must establish more than the fact that someone died. Evidence must connect the defendant’s wrongful conduct to the death.
Depending on the accident, Hill & Moin may examine:
- Police and accident reports
- Photographs and surveillance video
- Witness statements
- Medical and autopsy records
- Vehicle or electronic data
- Property maintenance records
- Building violations
- Construction contracts and safety records
- Employment and financial records
Evidence can disappear quickly in Manhattan. Surveillance systems can overwrite recordings, construction sites can change, vehicles can be repaired, and witnesses can become harder to locate.
How Long Do Families Have to File?
New York’s wrongful death deadline is shorter than the general deadline for many personal injury cases.
EPTL §5-4.1 generally requires a wrongful death action to be commenced within two years after the person’s death.
Other deadlines may also apply. For example, cases involving municipal defendants can involve special notice-of-claim requirements. New York courts have confirmed that General Municipal Law §50-e generally uses a 90-day notice period for applicable wrongful death claims, running from appointment of the estate representative.
The specific deadline should therefore be determined from the facts rather than assumed.
Don’t wait until important evidence disappears or a filing deadline approaches. Speak with Hill & Moin LLP about the legal options available to your family.
Frequently Asked Questions About Manhattan Wrongful Death Claims
Who brings a wrongful death lawsuit in New York?
The decedent’s duly appointed personal representative brings the action for the benefit of eligible distributees under EPTL §5-4.1.
Is wrongful death the same as a survival claim?
No. A wrongful death claim addresses qualifying losses resulting from the death, while a survival claim can address damages suffered by the deceased before death. The two claims may sometimes be pursued together.
How long do I have to file a Manhattan wrongful death case?
New York generally provides two years from the date of death, although special circumstances can affect deadlines.
Can a construction worker’s family bring a wrongful death claim?
Potentially. A fatal construction accident may involve workers’ compensation death benefits and separate claims against responsible third parties. New York Labor Law may also apply depending on the work and accident.
What if several companies contributed to the fatal accident?
Multiple defendants may potentially bear responsibility. Construction projects, commercial vehicle crashes, and property accidents can involve several companies with different legal duties.
What is needed to prove financial losses?
Employment records, tax information, evidence of household services, medical and funeral expenses, and other financial documentation can help establish pecuniary losses.
Speak With Hill & Moin LLP About a Manhattan Wrongful Death Case
Families facing an unexpected death should have clear information about their rights and the deadlines governing their case. Hill & Moin LLP can investigate the circumstances, identify responsible parties, preserve critical evidence, and explain the wrongful death and survival claims that may be available.
Call Hill & Moin LLP in Manhattan today to schedule your confidential, no-obligation consultation. Your case. Your future. Our priority.