If you are reading this, someone you love has died, and someone else may be responsible. We are sorry. Nothing in this article will make that easier, and no legal case can bring them back.
What we can do is answer the questions families in Suffolk County usually ask us, in roughly the order they come up, so that when you are ready to think about the legal side, you are not starting from nothing. Take this at your own pace. Read a section, put it down, come back later. If you would rather talk to a person, a wrongful death attorney in Suffolk County at Yakov Mushiyev & Associates is available at 718.775.3110. There is no cost to talk, and no pressure to decide anything.
“Is it too soon to even think about this?”
It is never wrong to grieve first. At the same time, a few legal issues do move quickly after a death, and it helps to know about them:
- Evidence can disappear. Vehicles get repaired or scrapped, surveillance video is overwritten and witnesses become hard to find. A lawyer can send preservation letters without the family having to do anything.
- A criminal investigation may be underway. If police or the District Attorney are investigating a crash or incident, the family’s civil claim is separate, and it is wise to protect it in parallel.
- Claims against public entities have short notice deadlines, explained below.
Many families call us for the first time weeks after a death. That is common, and in most cases it is fine. What we want to avoid is the family who calls after a deadline has passed.
“What is a wrongful death claim, exactly?”
Under New York’s wrongful death statute, Estates, Powers and Trusts Law § 5-4.1, a claim can be brought when a person’s death was caused by someone else’s wrongful act, neglect or default, in circumstances where the person could have sued had they survived. In Suffolk County, these claims most often arise from car and truck crashes, drunk driving, pedestrian and motorcycle collisions, construction accidents, falls, boating accidents and medical negligence.
There are usually two parts to the case:
- The wrongful death claim, which compensates the family for the financial losses caused by the death.
- The survival claim, which belongs to the estate and covers what the person themselves suffered before death, such as conscious pain and suffering and medical bills.
“Who is allowed to bring the case?”
This surprises many families. In New York, the wrongful death case is brought by the personal representative of the estate, not by individual family members. If your loved one had a will naming an executor, that person usually petitions the Surrogate’s Court to be appointed. If there was no will, a family member typically applies to be appointed administrator. In Suffolk County, those proceedings are handled by the Surrogate’s Court, part of the New York State Unified Court System.
The money recovered for the wrongful death claim goes to the distributees, generally close family members such as a spouse, children or parents, as determined under New York law and approved by the court. We help families through the Surrogate’s Court process so it does not delay the case.
“How long do we have?”
- Two years from the date of death is the general deadline for a wrongful death lawsuit in New York.
- Claims against public entities, such as Suffolk County, a town, a village or a public authority, generally require a Notice of Claim within 90 days of the appointment of the personal representative, and the lawsuit must follow within the shorter limits that apply to those entities.
- The survival claim follows its own timing rules, which can differ from the two-year wrongful death deadline.
New York’s wrongful death law has also been the subject of proposed reforms in recent years. Because the rules that apply depend on the date of death and the law in effect at the time, ask your lawyer to confirm the deadlines and damages for your family’s specific case.
“What can the family recover?”
This is the hardest part of New York law for families to hear. Under the wrongful death statute as it has long been applied, damages focus on pecuniary losses, the financial value of what the family lost. That can include:
- The income and financial support the person would have provided.
- The value of household services, such as childcare, home maintenance and caregiving.
- The loss of parental guidance, care and education for children.
- Medical expenses related to the injury that caused death.
- Funeral and burial expenses.
The survival claim can add compensation for the person’s conscious pain and suffering before death and related losses. Families are understandably frustrated that the grief itself is not separately compensated under the traditional rule. We will explain honestly how the law applies to your case, including any changes in effect.
“Who can be held responsible?”
Depending on how the death happened, responsible parties can include a negligent driver and the vehicle owner, a trucking company, a bar that served a visibly intoxicated driver, a property owner, a contractor or a product manufacturer. Our guides on Suffolk truck accidents and drunk driving accidents in Suffolk County explain those claims in more detail. For deaths caused by medical errors, see our medical malpractice wrongful death page.
“Will we have to go to court?”
Many wrongful death cases resolve through settlement without a trial, but we prepare every case as if it will be tried, because that preparation is what produces fair settlements. Wrongful death settlements in New York generally require court approval, and the court approves how the money is allocated among family members and the estate. We handle that process and explain each step.
“What does it cost?”
Nothing up front. We handle wrongful death cases on a contingency fee, which means we are paid only if we recover compensation, and we advance the costs of investigation and experts. You can learn more about attorney Yakov Mushiyev and read our broader guide to New York wrongful death claims.
“What should we keep, and what should we avoid?”
You do not need to become an investigator. But a few simple steps protect your family’s claim while you grieve:
- Keep paperwork in one place: the death certificate, police or incident reports, hospital bills, funeral invoices and any letters from insurance companies.
- Save your loved one’s financial records, such as tax returns, pay stubs and benefit statements. These help prove the support they provided.
- Keep their phone and personal items if they were with them at the time. Photos, messages and location data can sometimes matter.
- Write down what you remember about the day, and the names of anyone who called or came forward.
- Avoid giving recorded statements to the other side’s insurance company, and do not sign releases or accept checks without advice.
- Be careful on social media. It is natural to share memories, but avoid posting about the incident itself or the investigation.
If any of this feels like too much right now, it can wait. A lawyer can gather most of it for you.
“How long will this take?”
Every case is different. Some resolve within a year, especially when liability is clear and insurance is straightforward. Others take longer, particularly when several parties are involved or a criminal case is pending. We will give you honest updates and will not pressure your family into a settlement before the full picture is known.
Three Quiet Places in Suffolk County
Families sometimes tell us about the places they go to remember. These three Suffolk landmarks are places of reflection for many Long Islanders.
1. Calverton National Cemetery
Near Riverhead, Calverton National Cemetery is one of the largest national cemeteries in the country, the resting place of hundreds of thousands of veterans and family members. Its long, orderly rows are a powerful reminder of how many lives each loss touches. For veterans’ families, burial benefits are separate from any wrongful death claim, and we help families understand how the two fit together.
2. Bayard Cutting Arboretum, Great River
Along the Connecticut River in Great River, the Bayard Cutting Arboretum offers quiet walking paths through gardens, woods and lawns on a historic estate. Many families find its calm a welcome place to take a breath during a difficult time.
3. Orient Beach State Park
At the far tip of the North Fork, Orient Beach State Park looks out over Gardiners Bay, with a long, peaceful beach and a maritime forest. Getting there means a long drive east on Route 25, past farm stands and vineyards, the kind of drive that gives a person time to think. Information is available from New York State Parks.
Meeting With Us
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. From Hauppauge, the drive west on the Long Island Expressway or Northern State Parkway to the Cross Island Parkway usually takes about an hour. Many Suffolk families prefer that we come to them, or that we meet by phone or video. We will do whatever is easiest for you.
Open turn-by-turn directions from Hauppauge, NY in Google Maps
Wrongful Death Questions From Suffolk County Families
How long do we have to file a wrongful death lawsuit in Suffolk County?
Generally two years from the date of death. Claims against a county, town, village or public authority generally require a Notice of Claim within 90 days of the personal representative’s appointment, with shorter lawsuit deadlines.
Who can file a wrongful death claim in New York?
The personal representative of the estate, usually the executor named in a will or an administrator appointed by the Surrogate’s Court. Recovered damages are then distributed to eligible family members with court approval.
What damages are available in a New York wrongful death case?
Traditionally, pecuniary losses such as lost financial support, lost household services, lost parental guidance, medical expenses and funeral costs, plus a separate survival claim for the person’s conscious pain and suffering before death. Ask a lawyer to confirm the law that applies to your case.
Does the criminal case against the driver affect our claim?
The civil claim is separate. A conviction can be helpful evidence, but the family does not need to wait for the criminal case to end before protecting evidence and pursuing insurance claims.
Do we need to open an estate before contacting a lawyer?
No. Many families contact us first, and we help with the Surrogate’s Court appointment as part of the process.
When You Are Ready
Call Yakov Mushiyev & Associates at 718.775.3110 or reach us online. We will listen first, and we will not rush you.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case turns on its own facts. Attorney Advertising. Prior results do not guarantee a similar outcome.