Trusted wrongful death attorneys with over 75 years of experience representing families across New York.
If you’ve lost someone you love in Hempstead, NY because of another person’s negligence, the legal system offers a way to obtain a sense of justice and financial restitution. Our Hempstead, NY wrongful death lawyer has represented families across Nassau County for over 75 years. At Isaacson, Schiowitz & Korson, LLP, we handle these cases on contingency, meaning there are no fees unless we recover for you. If you recently lost someone, please reach out to schedule a free consultation.
Wrongful Death Attorney Hempstead, NY
A wrongful death case is a civil lawsuit, not a criminal proceeding, though they can sometimes run parallel to each other. The lawsuit is brought on behalf of the deceased person’s estate and their surviving family members, seeking compensation from the party whose negligence caused the death. New York law is specific about who can bring this action forward. It must be filed by the personal representative of the estate, not a spouse or child acting on their own. That procedural requirement may come as a surprise for families who are trying to navigate this without counsel.
A wrongful death case is also distinct from a survival action, though both are frequently filed together. The survival action recovers damages that belonged to the decedent before death. The wrongful death claim compensates the family for what they lost going forward. Understanding which theory applies to which loss matters, and it shapes how we build the case from the start.
Types of Wrongful Death Cases We Handle in Hempstead
Wrongful death claims can develop from many different kinds of incidents, but the common thread is negligence. This means someone owed a duty, failed to meet it, and someone passed away as a result. Our attorneys have worked these cases across Nassau County and New York City for decades.
- Car accidents. Fatal crashes on Long Island’s roads happen often, and insurance companies respond the same way every time by attempting to minimize, delay, or dispute. We investigate the collision, preserve evidence, and deal with carriers directly.
- Truck accidents. Commercial carriers involve layered liability, including the driver, fleet company, cargo loader, and sometimes the manufacturer. Identifying all of them makes a difference because defendants may try to shift blame once litigation starts.
- Motorcycle accidents. Motorcycle riders face bias from adjusters and juries. When a motorcyclist dies because another driver wasn’t watching, we know how to counter the narrative.
- Pedestrian accidents. Crosswalks don’t protect you from a driver who isn’t looking. Fatal pedestrian strikes often involve speed and distraction, and municipalities can share liability depending on road design and signal timing.
- Bicycle accidents. A cyclist killed by an inattentive driver leaves behind a family that deserves accountability.
- Medical malpractice deaths. This may result from a surgeon’s error, missed cancer diagnosis, pharmacy dispensing the wrong medication, and more. These cases are fact-intensive and demand thorough preparation, but they are well within our experience.
- Nursing home negligence. Facilities that fail to respond to a resident’s deteriorating condition, from bedsores to falls and medication errors, all of these situations may point to wrongful death liability.
- Slip and fall fatalities. Falls may result in a wrongful death, especially for older adults. Property owners in New York have a legal duty to maintain safe premises, and when they don’t, they can be held responsible.
Why Choose Isaacson, Schiowitz & Korson, LLP for Wrongful Death in Hempstead, NY?
Decades of Trial Experience, Built Here
Wrongful death cases require an approach with compassion and determination. Our personal injury lawyer in Hempstead, NY has been handling cases like these across Long Island since 1978. We know the Nassau County courthouse and how local defense firms approach these claims.
Martin Schiowitz, who co-founded the firm in 1978, has practiced personal injury and wrongful death law since 1973. Over fifty years of litigation, including wrongful death, medical malpractice, products liability, and civil rights. He is a peer-selected Super Lawyer, placing him in the top 5% of attorneys in his field, and a longstanding member of the NY State Trial Lawyers.
Jeremy Schiowitz has represented families for over 16 years, earning Super Lawyer recognition every year from 2014 through 2025 and recognition among New York’s 10 Best Attorneys in 2015. His background in defense work gives him firsthand knowledge of how insurers build cases.
What We’ve Actually Recovered
Our firm has recovered over $200 million for clients across personal injury, wrongful death, and related areas of law. Families deserve to know whether a firm has won substantial cases, especially those of a sensitive nature where a life was lost. We offer free initial consultations where we can discuss what happened to your loved one over a private and confidential meeting.
Understanding Wrongful Death Cases
Damages, Liability, and Compensation for Wrongful Death Cases
New York’s approach to wrongful death damages is more restrictive than most families expect. The statute limits recovery to pecuniary losses (meaning economic losses) suffered by the decedent’s surviving distributees. That includes:
- Lost income and financial support the deceased would have provided
- Lost services, including household contributions and caregiving
- Medical bills incurred between the negligent act and the death
- Funeral and burial expenses
- Pre-death pain and suffering of the decedent (recoverable through a survival claim filed alongside)
Under New York’s comparative negligence rule, any fault attributed to the deceased reduces the family’s recovery proportionally, but does not eliminate it. New York does not allow recovery for the grief or emotional suffering of surviving family members. That’s a statutory limitation that differs from most other states. Families often come in anticipating to recover financially for the loss of a cherished person, but these cases need to be approached with consideration for who can file and how to do so.
Important Aspects in Your Wrongful Death Case
There are a few aspects to consider when building a wrongful death case. Here are factors that tend to determine how these cases proceed:
- Who can file a case and how. Only the estate’s personal representative can bring forward the action. If none has been appointed, that must go through Surrogate’s Court before the lawsuit can proceed.
- Causation and reconstruction. It’s not enough to show that someone was negligent and a person died near that same time, as the negligence must have directly caused the death. Depending on the incident, that requires accident reconstruction, medical testimony, toxicology, or some combination. Proving liability in these cases takes real preparation that we can handle.
- Multiple responsible parties. Car crashes, construction site deaths, and nursing home cases frequently involve more than one liable party. We identify who shares liability before filing.
Wrongful Death Case Timeline
No two cases resolve on the same schedule, but generally, this is the timeline for how wrongful death cases move forward:
- Before filing: We investigate the incident, gather records, identify liable parties, and confirm the estate has a personal representative.
- Filing and discovery: The complaint is filed in Nassau County Supreme Court, then discovery follows, including assessing documents, depositions, medical records, income records, accident reconstruction, and expert reports.
- Resolution: Most cases settle, so whether to accept an offer or push toward a trial verdict is an honest conversation about risk and value specific to your situation.
What to Bring to Your Wrongful Death Consultation
- Any accident or incident reports from the event that caused the death
- Medical records and the death certificate, if you have them
- Names and contact information for any witnesses
- Documents showing your relationship to the deceased and any role you have in the estate
New York Legal Resources for Wrongful Death
Understanding the legal framework of filing a wrongful death case can help family members know what they can do to find justice. These are laws that may have an impact on your loved one’s wrongful death lawsuit:
- EPTL § 5-4.1: Deadline to file is two years from the date of death, and not the accident date or date of discovery. Courts apply this strictly with limited exceptions.
- CPLR § 1411: Shared fault reduces recovery proportionally but does not bar the claim, even if the defense argues the decedent contributed to the incident.
- EPTL § 5-4.3: Defines what families can recover, which makes understanding the potential outcomes important before evaluating any settlement essential.
Reach Out to Isaacson, Schiowitz & Korson, LLP to Schedule a Consultation
If your family has lost someone because of negligence in Hempstead or anywhere in Nassau County, please contact us. Our wrongful death attorneys offer free consultations and work on contingency, which means no fees unless we recover for you. Reach out to us at Isaacson, Schiowitz & Korson, LLP to discuss what happened to your loved one and what we can do from here.
