Bus Accident
$7 Million
Bus passenger suffered a neck injury requiring surgery
New York Wrongful Death Lawyers
25+ years. Millions recovered.
Koenigsberg delivers.
Pay Nothing Unless We Win
Free case review
Millions recovered for New Yorkers
Koenigsberg & Associates have a proven track record fighting for our clients. We're committed to securing your recovery and getting you back on your feet.
How our lawyers can help
The experienced attorneys at Koenigsberg & Associates will listen to your needs, organize the facts, evidence, and details of your case, and aggressively pursue legal action until you get the compensation that you deserve:
- Medical Treatment
- Lost Wages
- Pain & Suffering
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Who can file a wrongful death claim in New York?
Under EPTL § 5-4.1, only the personal representative of the deceased's estate — typically the administrator or executor appointed by the Surrogate's Court — can file a wrongful death lawsuit. Damages, however, are recovered on behalf of the surviving distributees (spouse, children, and certain other dependents). We help families through both the Surrogate's Court appointment and the lawsuit.
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What damages can be recovered in a New York wrongful death case?
New York's wrongful death statute compensates the surviving family for pecuniary (economic) losses — including the loss of the deceased's earnings, support, household services, and parental guidance, as well as funeral and burial expenses. A separate "survival action" can recover the conscious pain and suffering the deceased experienced between injury and death.
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Can my family recover for our grief or emotional suffering?
New York has historically been one of the most restrictive states for grief damages — emotional anguish of family members is not, by itself, recoverable. However, the Grieving Families Act and similar legislative efforts continue to evolve the law. We make sure your family is positioned for every recovery the current law allows.
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How long do we have to file a wrongful death claim?
A wrongful death claim must generally be filed within two years of the date of death. The underlying conduct may also support a survival action subject to its own statute of limitations. Claims against public entities require a Notice of Claim within 90 days. These deadlines are unforgiving — contact a lawyer as soon as possible.
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What is a survival action, and how is it different from wrongful death?
A survival action recovers damages the deceased could have recovered if they had lived — most importantly, their conscious pain and suffering between the time of injury and death. A wrongful death action compensates the family for losses they suffered because of the death. Both are typically brought together by the personal representative.
Offices across NYC
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Brooklyn Midwood
1213 Avenue U
Brooklyn, NY 11229
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Brooklyn Flatbush
282 Flatbush Ave, Suite 2
Brooklyn, NY 11217
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Queens
80-02 Kew Gardens Road, Suite 5001
Kew Gardens, NY 11415
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The Bronx
225B East 149th Street
Bronx, NY 10451