Long Island Wrongful Death Lawyer

Wrongful Death Lawyer Long Island, NY

If your family has lost someone because of another person’s negligence on Long Island, you are living through one of the hardest things a human being can experience. And on top of that grief, there are bills arriving, financial questions you never expected, and a sense that someone should be held accountable for what happened.

At Isaacson, Schiowitz & Korson, LLP, we have spent more than 75 years standing beside families in this exact situation. Our firm has recovered more than $200 million for injury and wrongful death victims across Nassau County, Suffolk County, and throughout New York. We take wrongful death cases on contingency. You pay nothing unless we win. If you need a wrongful death lawyer Long Island, NY families can trust during the most difficult time of their lives, we are here to help.

Why Choose Isaacson, Schiowitz & Korson for Wrongful Death Cases in Long Island, NY?

Attorneys With the Experience These Cases Demand

Wrongful death litigation is among the most complex and emotionally demanding work in personal injury law. It requires attorneys who can manage that weight while also building a case strong enough to withstand aggressive defense tactics. That’s what we do.

Martin Schiowitz, our Founding Partner, has been practicing law in New York since 1973. He co-founded this firm in 1978 and has spent over five decades handling high-stakes wrongful death, personal injury, medical malpractice, products liability, and civil rights cases. Martin graduated from New York Law School and has been recognized as a peer-selected Super Lawyer, an honor given to the top 5% of attorneys in the field. His career includes multimillion-dollar verdicts and settlements on behalf of negligence victims, and he is a member of both the NYSTLA and the New York State Academy of Trial Lawyers.

Partner Jeremy Schiowitz has over 16 years of experience representing victims and families across New York and New Jersey. Licensed in both states, Jeremy earned his J.D. from Brooklyn Law School in 2003 and has been named a Super Lawyer consecutively from 2014 through 2025. He was recognized by the NADC as Top One Percent and was named one of the 10 Best Attorneys in New York by the American Institute of Personal Injury Attorneys. Jeremy’s background includes years of defense-side litigation, which means he understands exactly how the other side approaches high-value wrongful death claims.

Results That Reflect Our Commitment

Across all practice areas, our attorneys have helped clients recover millions of dollars in verdicts and settlements. Wrongful death cases in particular require the ability to quantify the full financial and personal impact of a life lost. We retain economic professionals, vocational analysts, and medical consultants when the case calls for it, and we are prepared to go to trial when the insurance company won’t offer what a family deserves.

No Fees Unless We Recover for Your Family

We handle every wrongful death case on a contingency fee basis. There are no retainers. No hourly charges. Our fee is a percentage of the recovery, and if we don’t recover anything, you owe nothing. Families dealing with the loss of a loved one shouldn’t have to worry about affording an attorney. That’s the whole point of this arrangement.

What Our Clients Say

★★★★★

“They gave me excellent service. They were kind respectful and Professional and was always there for me throughout this process. Jeremy was very patient and his law firm were always very professional each and every time I called them he always returned My phone calls right away. I would definitely refer my family and friends to his law firm Thank You Jeremy for your outstanding service and support!! My outcome was very favorable” — Diane Long

Read more reviews on our Google Business Profile.

Types of Wrongful Death Cases We Handle in Long Island

Wrongful death claims arise when someone dies because of another party’s negligence, recklessness, or intentional conduct. On Long Island, we see these cases come from many different circumstances. Our wrongful death attorneys handle the full range:

• Car accidents. Fatal motor vehicle collisions are the leading cause of wrongful death claims on Long Island. Speeding, drunk driving, distracted driving, and reckless lane changes on highways like the Southern State Parkway and Long Island Expressway kill hundreds of people across Nassau and Suffolk Counties each year.
• Truck accidents. When a commercial vehicle is involved in a fatal crash, the investigation extends to the trucking company, driver logs, maintenance history, and federal safety compliance. These cases are complex, but the recoveries often reflect the severity of the loss.
• Motorcycle accidents. Motorcyclists are among the most vulnerable road users on Long Island. A collision that might cause moderate injuries to someone in a car can be fatal for a rider. We fight against the bias that insurance adjusters sometimes bring to these claims.
• Pedestrian accidents. A pedestrian struck by a vehicle has almost no protection. Fatal pedestrian crashes in New York have been rising, particularly at intersections without adequate safety infrastructure.
• Construction accidents. Falls from scaffolding, crane collapses, and falling object incidents kill construction workers on Long Island every year. New York Labor Law provides strong protections for workers and their families in these situations, and we know how to use them.
• Medical malpractice deaths. When a patient dies because of a surgical error, misdiagnosis, medication mistake, or failure to treat, the family may have a wrongful death claim against the provider. These cases require detailed medical record analysis and testimony from qualified professionals.
• Nursing home neglect. Elderly residents who die from preventable conditions like untreated infections, bedsore complications, falls, or malnutrition may be victims of fatal neglect. We hold care facilities responsible when their failures cost a life.
• Product liability deaths. Defective vehicles, faulty machinery, dangerous pharmaceuticals, and consumer products that cause fatal injuries give rise to wrongful death claims against manufacturers and distributors.
• Premises liability. Property owners who fail to address dangerous conditions, from broken staircases to inadequate security, can be held accountable when someone dies as a result.

New York Legal Requirements for Wrongful Death

New York’s wrongful death laws have rules that don’t apply to other personal injury cases. Understanding them is critical, and missing a deadline can permanently end a family’s right to seek compensation.

Under EPTL § 5-4.1, a wrongful death action in New York must be commenced within two years of the date of death. That deadline is shorter than the three-year statute of limitations that applies to most personal injury claims. If a government entity is responsible, a notice of claim must be filed within 90 days.

Only the personal representative of the deceased person’s estate can bring a wrongful death lawsuit. This is typically the executor named in the decedent’s will or an administrator appointed by the Surrogate’s Court. If no estate has been opened, one must be established before the case can proceed. An attorney experienced in Long Island wrongful death cases can assist with this process.

Under EPTL § 5-4.3, damages in a New York wrongful death case are currently limited to “pecuniary injuries.” That means the financial losses suffered by the decedent’s distributees, who are the surviving family members entitled to inherit. New York is one of a small number of states that does not allow recovery for grief, emotional suffering, or loss of companionship in wrongful death actions. Legislation to change this has been introduced repeatedly and passed both chambers of the state legislature, but has been vetoed by the governor.

New York’s pure comparative negligence rule under CPLR § 1411 also applies to wrongful death cases. Even if the decedent bore some fault, the family’s recovery is reduced proportionally rather than eliminated.

What Damages Are Recoverable in Long Island Wrongful Death Cases?

While New York’s wrongful death statute limits recovery to pecuniary losses, the actual scope of those losses can be very significant. A wrongful death lawyer on Long Island will work to identify and quantify every available category of damage.

The lost financial support the decedent would have provided is usually the largest component. This includes the income the person would have earned over their remaining working life, reduced to present value. When the decedent was the primary earner for a family, these calculations can reach into the millions. But financial support isn’t limited to wages. It includes the value of services the person provided to the household, such as childcare, home maintenance, and domestic work. Courts also consider the loss of medical and retirement benefits the decedent’s income would have funded.

Medical expenses incurred between the injury and death are recoverable, along with reasonable funeral and burial costs. If the decedent had outstanding medical bills from treatment prior to death, those are part of the claim as well.

Loss of parental guidance is a recognized element of pecuniary damage in New York. When the deceased leaves behind minor children, the court considers what those children lost in terms of nurture, education, guidance, and training. For children, this can be a very substantial figure.

Punitive damages are available in wrongful death cases under EPTL § 5-4.3(b), if such damages would have been recoverable had the decedent survived. This means cases involving gross negligence, recklessness, or intentional wrongdoing can carry an additional punitive award. An experienced wrongful death attorney in Long Island can assess whether your case qualifies.

In addition to the wrongful death claim, a separate “survival action” can be filed under EPTL § 11-3.2 for the pain and suffering the decedent experienced between the time of injury and death. This is the estate’s claim, not the family’s, but it adds another avenue for compensation.

What Steps Should I Take After a Wrongful Death on Long Island?

Taking the right steps after losing a loved one to negligence protects your family’s legal rights. We understand that dealing with legal matters during grief is extremely difficult. Here is what we advise:

1. Report the incident. If a death resulted from an accident, make sure it has been reported to law enforcement. Obtain a copy of the police report or incident report.
2. Preserve all evidence. Photographs of the accident scene, the decedent’s personal belongings, and any physical evidence should be kept safe. If a vehicle was involved, do not have it repaired or scrapped.
3. Obtain the death certificate. This is a necessary document for both legal and insurance purposes. It establishes the cause and date of death.
4. Gather the decedent’s financial records. Tax returns, pay stubs, employment contracts, pension and retirement account statements, and health insurance documents all help establish the financial loss to the family.
5. Do not give recorded statements. Insurance companies may contact surviving family members quickly. Be cautious. Do not provide recorded statements or sign any releases without first speaking with an attorney.
6. Identify potential witnesses. If anyone witnessed the incident that caused the death, record their names and contact information as soon as possible.
7. Open the estate. A wrongful death claim can only be filed by the personal representative of the estate. If no will exists, you’ll need to petition the Surrogate’s Court for appointment as administrator.
8. Track all expenses. Keep records of funeral costs, burial expenses, medical bills from the decedent’s final treatment, travel costs for family members, and any other out-of-pocket expenses.
9. Request medical records. Obtain the decedent’s complete medical records from every provider who treated them, including emergency responders, hospitals, and specialists.
10. Contact a wrongful death attorney. The two-year filing deadline in New York is strict, and building a strong case takes time. A Long Island wrongful death lawyer from our firm can begin the investigation immediately while you focus on your family.

Wrongful Death Statistics on Long Island

Traffic fatalities are the most common source of wrongful death claims on Long Island, and the numbers are alarming. A 2024 report from the NYS Comptroller’s office found that motor vehicle fatalities in New York increased 25.8% between 2019 and 2022. In 2022 alone, 1,175 people were killed on New York roads. Suffolk County had 164 traffic deaths that year and Nassau County had 81, making Long Island responsible for roughly 20% of all motor vehicle fatalities statewide.

According to NHTSA, approximately one-third of fatal crashes in New York involve speeding, and another third involve a driver above the legal blood alcohol limit. Pedestrians accounted for about 25% of all crash fatalities statewide in 2022, a rate higher than the national average. The Comptroller’s report noted that 64% of vehicle occupants killed in fatal crashes were not wearing a seatbelt or helmet.

Beyond traffic accidents, the CDC reports that unintentional injuries are the fourth leading cause of death nationally. In New York, workplace fatalities remain a persistent concern, particularly in the construction industry. According to the OSHA fatality data, falls continue to be the number one killer on construction sites. Medical errors are another major contributor to preventable deaths. Studies published through the National Institutes of Health have estimated that medical errors rank among the leading causes of death in the United States, though exact numbers remain debated.

These statistics underscore a difficult reality: many deaths on Long Island are preventable. When someone’s negligence, recklessness, or disregard for safety causes a fatal outcome, the law gives surviving family members the right to seek accountability and compensation.

Long Island Wrongful Death Lawyer FAQs

Who can file a wrongful death lawsuit in New York?

Only the personal representative of the deceased person’s estate can file. This is the executor named in the will or an administrator appointed by the Surrogate’s Court. The representative acts on behalf of the distributees, which are the surviving family members entitled to inherit.

How long do I have to file a wrongful death claim in New York?

Two years from the date of death. This is shorter than the three-year deadline for most personal injury cases. For claims involving government entities, a notice of claim must be filed within 90 days.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates the surviving family for their financial losses. A survival action compensates the decedent’s estate for the pain and suffering the decedent experienced between the injury and death. Both can be pursued in the same case.

Can I sue for grief and emotional suffering in New York?

Under current law, no. New York limits wrongful death damages to pecuniary losses. Legislation to allow grief damages has been introduced and passed both legislative chambers, but it has not yet been signed into law.

What counts as “pecuniary loss” in a wrongful death case?

Lost income and financial support the decedent would have provided, the value of household services, loss of parental guidance for children, medical expenses before death, and funeral costs. Despite the “pecuniary” limitation, these damages can be very substantial.

How much is a wrongful death case worth on Long Island?

It depends entirely on the circumstances: the decedent’s age, earning capacity, family obligations, the nature of the negligence, and the available insurance coverage. Our firm has recovered significant results in wrongful death cases across all categories.

What if the person who died was partially at fault?

New York’s comparative negligence rule still allows recovery. The damages will be reduced by the decedent’s percentage of fault, but the claim is not eliminated.

Can I file a wrongful death claim if the responsible party was charged criminally?

Yes. The civil and criminal cases are separate proceedings. A criminal conviction can actually strengthen a wrongful death claim, but an acquittal doesn’t prevent you from pursuing civil damages because the burden of proof is lower.

Does the estate need to go through probate first?

The estate needs a personal representative appointed before filing suit. This can happen through probate if there’s a will, or through an administration proceeding in Surrogate’s Court if there isn’t one. We help families navigate this process.

What if my loved one died from medical malpractice?

Medical malpractice wrongful death claims have a statute of limitations of two years and six months from the date of the malpractice, as set by CPLR § 214-a. These cases require proof that a medical provider deviated from the accepted standard of care and that the deviation caused the death.

Can I recover punitive damages in a wrongful death case?

Yes, if the defendant’s conduct was willful, wanton, or grossly negligent. Punitive damages are available in wrongful death actions if they would have been recoverable had the decedent survived.

How long does a wrongful death case take?

Most wrongful death cases take between one and three years. Medical malpractice death cases and those involving government entities often take longer due to additional procedural requirements.

What happens to the money recovered in a wrongful death case?

The court distributes the recovery among the distributees in proportion to their pecuniary loss. The personal representative doesn’t keep the funds. Distribution is overseen by the court to make sure it’s fair.

Do I need a lawyer for a wrongful death case?

These are among the most legally and factually complex cases in civil litigation. They involve estate proceedings, damage calculations requiring professionals, and defense strategies designed to minimize the value of the claim. Having a wrongful death attorney in Long Island, NY who handles these cases regularly makes a significant difference.

How much does a wrongful death lawyer cost?

Our firm charges nothing unless we obtain a recovery. There is no cost for your initial consultation, and there are no fees unless we win.

Most Dangerous Locations for Fatal Accidents on Long Island

Certain corridors on Long Island have earned reputations as some of the deadliest roads in the state. Fatal crashes cluster on these roadways year after year.

The Southern State Parkway, built nearly a century ago, sees over 200,000 vehicles daily. The segment between exits 13 and 19 has been called “Blood Alley” because of recurring fatal crashes. The Long Island Expressway carries high-speed traffic across the entire island and has produced fatal accident clusters near Holtsville and the Sunken Meadow interchange. Sunrise Highway through West Islip and Bay Shore is another frequent site of deadly collisions. At the intersection level, Hempstead Turnpike at Merrick Avenue and Jericho Turnpike at Route 110 in Huntington Station are among the most dangerous spots in the region. The towns of Hempstead and Brookhaven lead Long Island in annual traffic fatalities.

What Are Important Local Resources for Long Island Wrongful Death?

The following local resources may be useful to families dealing with the aftermath of a wrongful death on Long Island. Inclusion does not constitute an endorsement by Isaacson, Schiowitz & Korson, LLP.

• Nassau County Police Department — (516) 573-7000
• Suffolk County Police Department — (631) 852-6000
• Nassau County Medical Examiner — (516) 572-6590
• New York State Courts — Information on Nassau and Suffolk County Surrogate’s Courts for estate administration
• NYU Langone Hospital–Long Island (Level 1 Trauma Center, Mineola) — (516) 663-0333
• Stony Brook University Hospital (Level 1 Trauma Center, Stony Brook) — (631) 444-4000
• NYS Department of Health — Full directory of designated trauma centers

Contact Isaacson, Schiowitz & Korson

Losing someone you love because of another person’s carelessness or negligence is devastating. We can’t undo what happened, but we can help your family hold the responsible party accountable and pursue the financial recovery you need to move forward. Our wrongful death attorneys on Long Island offer free consultations and charge no fee unless we win. We respond promptly because we know that every day without answers makes things harder. Contact us today to speak with an attorney about your case.