Personal Injury Attorneys in New York

Wrongful Death Lawyers in Queens

For families who have lost someone because of another's negligence. Free consultation, and no fee unless we win.

An empty wooden bench in a quiet New York memorial garden on an overcast morning
New York's wrongful death statute is narrower than most families expect.

How New York treats these claims

We are sorry you are reading this page. What follows is written plainly because the rules here are unusual and families are often given the wrong impression about them.

A wrongful death claim in New York is brought by the personal representative of the estate, not by relatives individually, so someone generally needs to be appointed by the Surrogate's Court before the claim can proceed. The deadline is two years from the date of death — shorter than the ordinary three-year injury deadline.

New York's statute is also narrower than most: damages focus on the economic loss to the survivors — lost financial support, lost services, funeral expenses — rather than on grief itself. A separate survival claim may be brought by the estate for the pain and suffering the person experienced before death. There have been repeated legislative efforts to broaden this, and the law in this area has been the subject of active debate.

How Davidov & Cohen can help

We take the administrative weight off you and put the case on a footing where the other side has a reason to deal with it properly.

01

We take the process off the family

Appointment of the representative, the Surrogate's Court steps and the claim itself. You should not have to manage procedure while grieving.

02

We investigate before evidence is lost

Scene evidence, records and witnesses, so the account of what happened does not rest on the other side's version.

03

We document the real loss properly

Financial support, services and the value of what the family has lost, costed rather than estimated.

04

We prepare it as a trial case

Most claims settle. They settle for more when the file is built as though it will be tried, and the other side knows it.

Circumstances we handle

  • Fatal motor vehicle collisions
  • Construction site deaths
  • Truck and bus collisions
  • Pedestrian and cyclist fatalities
  • Medical negligence
  • Nursing home neglect
  • Fatal falls
  • Defective products
  • Fires and building collapse
  • Workplace fatalities
  • Drowning and pool accidents
  • Deaths involving public vehicles

How long you have to file

A wrongful death claim must generally be brought within two years of the date of death, which is shorter than the ordinary personal injury deadline. Where a public body is involved a notice of claim within 90 days is usually required as well. A personal representative normally has to be appointed before the claim can be filed, and that itself takes time — which is why early contact helps even when nothing feels urgent.

Common questions

Who is allowed to bring the claim?

The personal representative of the estate, on behalf of the distributees. If no one has been appointed yet, that is part of what we help arrange.

What can the family actually recover?

New York's wrongful death damages centre on economic loss to the survivors — lost support, lost services, funeral costs — rather than grief. A separate survival claim may cover the pain and suffering your relative experienced before death.

We are not ready to think about a lawsuit yet.

That is completely understandable. The reason to make one call early is only that the two-year deadline, and the 90-day notice where a public body is involved, run whether or not a family feels ready.

Is there a cost to us?

No. There is no fee unless there is a recovery, and the consultation costs nothing.

What does it cost to hire you?

Nothing up front. We work on a contingency fee, so our fee comes out of a recovery and there is no fee if there is no recovery. The consultation is free.

Contact Us

Tell Us What Happened

Free consultation. No fee unless we win. We'll get back to you the same day.

Call Us
(718) 328-8001
Available 24/7
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185-22 Union Tpke, Suite 203
Queens, NY 11366
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Prior Results

Millions Recovered for Injured New Yorkers

At Davidov & Cohen Law, we are proud to have recovered millions of dollars in compensation for our clients who have suffered injuries due to the negligence of others. Our dedicated legal team has successfully handled a wide range of personal injury cases, including motor vehicle accidents, slip and falls, construction site injuries, and more.

We understand the physical, emotional, and financial toll that an injury can take, which is why we fight tirelessly to secure the maximum compensation our clients deserve. Through aggressive negotiation and skilled litigation, we hold negligent parties accountable and help our clients rebuild their lives.

Every case we take on is pursued with determination and personalized attention. When you choose Davidov & Cohen Law, you are choosing experienced advocates committed to achieving justice for you and your family.

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What Our Clients Say

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After losing hope, I had the good fortune of getting in touch with David & Ben. They treated me as family with genuine personal care. Their knowledge & expertise exceeded my expectations.

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This firm handled my case so quick and efficiently. They were able to get me the max settlement in only 3 months after my accident.

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Excellent attorneys. Transparent and professional. Got my settlement for full policy within 4 months of my accident. Thank you David. Highly recommend!!!

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