When a loved one’s life is cut short by negligence, your world changes in an instant. While no legal action can replace the person you lost, a wrongful death claim is a powerful tool to hold responsible parties accountable and secure your family’s financial future.
At Stanley Law Offices, our Syracuse wrongful death attorneys fight for justice across a wide range of fatal incidents, including motor-vehicle accidents, medical malpractice, workplace injuries, and premises liability.
We serve grieving families throughout Onondaga County from our local office. If you are ready to discuss your legal options, you can visit us at our Syracuse office or call 1-800-608-3333 24/7 to speak with our attorney Joe Stanley or the team.
Why Hire a Syracuse Wrongful Death Attorney?
Hiring a local Syracuse wrongful death attorney will make sure your case is handled by a professional familiar with the Onondaga County Surrogate’s Court and the specific litigation tactics used in Central New York.
At Stanley Law Offices, we know that insurance adjusters often attempt to capitalize on a family’s grief with “low-ball” settlements or by shifting blame onto the deceased.
We stop these tactics by conducting a comprehensive investigation, preserving critical evidence, and consulting with accident reconstruction experts to build a compelling case.
We work on a contingency fee basis, meaning:
- No upfront costs or hourly fees.
- You pay nothing unless we win a recovery for your family.
Known as the “nice but tough” lawyers, we treat our clients like family while remaining relentless against insurance companies. Schedule your consultation with our Upstate NY wrongful death lawyers.
What Qualifies as a Wrongful Death Claim in New York?
In New York, a wrongful death claim is a civil action brought when a person’s death is caused by another party’s “wrongful act, neglect or default.” The claim must be one the decedent could have brought as a personal injury case if they had survived.
These cases are aimed at monetary compensation (not criminal punishment). Under New York’s wrongful death Statute of Limitations, damages are generally tied to the pecuniary (economic) injuries suffered by the decedent’s distributees (and can include funeral expenses), and interest is added from the date of death.
Who Can File a Wrongful Death Claim in NY?
Only the personal representative of the estate: the executor (if there is a will) or administrator (if there is no will), has legal authority to file the wrongful death lawsuit.
Even though the representative files the case, it is brought for the benefit of the decedent’s “distributees”, typically the surviving spouse, children, or parents, as defined by New York law.
Statute of Limitations
General rule (most cases): A wrongful death lawsuit must be started within 2 years of the date of death under EPTL § 5-4.1.
Claims involving cities/counties/other public entities: Additional rules can apply. In particular, General Municipal Law § 50-e requires a Notice of Claim, and in wrongful death cases the 90-day period runs from the appointment of the estate’s representative (not automatically from the date of death).
Separate timing rules for suing a municipality also apply under GML § 50-i, which includes specific provisions for wrongful death actions and municipal tort claims.
Medical malpractice (important nuance): New York’s medical malpractice limitations rule is generally 2 years and 6 months from the act/omission (or last treatment in continuous treatment situations) under CPLR § 214-a.
That matters because wrongful death litigation often includes more than one claim (for example, a separate “survival” claim for the decedent’s injuries before death), and different deadlines can apply to different claims.
Burden of Proof
The burden in a wrongful death case is the standard civil burden: proof by a preponderance of the evidence (more likely true than not).
Because the decedent cannot testify, New York courts may apply the Noseworthy doctrine in appropriate cases. It does not change the legal standard or automatically shift the burden of proof, instead, it can allow greater latitude in drawing inferences from the available evidence in wrongful death cases, so long as the plaintiff still presents a prima facie case.
Common Causes of Fatal Accidents in Central New York
The most common categories of fatal incidents we see across Central New York include:
Motor Vehicle Accidents
Motor vehicle traffic injuries are a leading cause of injury-related death (based on statewide data reported for 2012–2014).
In and around Syracuse, serious collisions frequently involve major routes serving the region, especially I-81 and I-690, and corridor planning materials have specifically highlighted elevated crash concerns around the I-81/I-690 interchange area.
Common fatal-crash factors include:
- Distracted driving (phone use, inattention)
- Speeding/aggressive driving (unsafe lane changes, tailgating)
- Impaired driving (alcohol or drugs)
- Winter road conditions, including reduced visibility and traction during lake-effect snow events
Workplace & Construction Accidents
Syracuse’s ongoing infrastructure projects and industrial sites pose significant risks to workers. Many fatal construction accidents involve “gravity-related” risks.
Under New York Labor Law § 240(The Scaffold Law), building owners and general contractors can be held strictly liable for fatal falls from ladders or scaffolding, as well as deaths caused by falling objects.
In qualifying elevation-related cases, such as certain falls involving ladders/scaffolds, or certain falling-object incidents where the object was being hoisted or secured (or was required to be secured) and an appropriate safety device was absent or inadequate, owners and contractors may face liability under Labor Law § 240(1).
Medical Malpractice
Fatal errors in a hospital setting are devastating. These cases often involve a failure to meet the accepted “standard of care” at local facilities such as Upstate University Hospital, St. Joseph’s, or Crouse Hospital. Common fatal medical errors include:
- Misdiagnosis or Delayed Diagnosis: Especially regarding heart attacks, strokes, or sepsis.
- Surgical Errors: Preventable mistakes during invasive procedures.
- Medication Mistakes: Administering the wrong dosage or a contraindicated drug.
Premises Liability
Property owners have a legal duty to maintain safe conditions. A wrongful death claim may arise from fatal incidents on commercial or residential property, such as:
- Fatal slips/trips/falls (including ice hazards or unsafe stairs/railings)
- Negligent security when foreseeable criminal conduct is not reasonably addressed (e.g., lighting, access control, staffing)
- Fires or code-related hazards, such as missing or non-functioning smoke/CO alarms
Defective Products
Fatal incidents can also stem from dangerous or defective products. New York recognizes strict products liability theories that commonly include manufacturing defects, design defects, and failure to warn.
When negligence leads to a fatal accident, a Syracuse personal injury lawyer can help determine liability, explain wrongful death claims, and guide your family through the legal process.
Maximizing Your Recovery: Damages and Compensation
In New York wrongful death cases, damages are generally limited to “fair and just compensation” for pecuniary (economic) injuries suffered by the decedent’s distributees, plus certain related expenses.
Because the law focuses on financial impact, the goal is to document every measurable loss tied to the death, past and future.
Economic Damages (Pecuniary Loss)
We work with financial experts and economists to calculate the total monetary value of the support your loved one provided. Under EPTL § 5-4.3, you may recover:
- Lost Financial Support: The total wages, benefits, and future earnings the deceased would have contributed to the household.
- Loss of Inheritance: The estimated wealth the deceased likely would have accumulated and passed on to heirs.
- Household Services: The tangible cost of replacing services the deceased performed, such as childcare, home maintenance, and elder care.
Medical and Funeral Costs: Reimbursement for all end-of-life healthcare expenses and reasonable funeral or burial costs.
Non-Economic Damages
While New York does not currently allow survivors to recover for their own grief, we aggressively pursue other non-economic categories that the law does recognize:
- Loss of Parental Guidance: For surviving children, this provides compensation for the lost moral, intellectual, and physical training a parent provides.
- Conscious Pain and Suffering: Through a Survival Action, we recover damages for the physical and mental anguish your loved one experienced between the time of their injury and their death.
2025 Legal Update: On December 12, 2025, Governor Hochul vetoed the Grieving Families Act again; NY wrongful death damages remain largely pecuniary. As a result, New York law continues to limit recovery to pecuniary losses and does not yet allow for damages based on emotional grief or anguish. Our firm remains at the forefront of this legislation to protect our clients’ interests should the law change.
Punitive Damages
If a defendant’s conduct was exceptionally reckless or displayed a wanton disregard for life, such as in cases of extreme drunk driving or gross corporate negligence, the court may award punitive damages. These are intended to punish the wrongdoer and serve as a warning to others in the Syracuse community.
When we work together… we WIN! If we don’t recover money for you, you owe us nothing. Contact us now.
Proving Negligence and Comparative Fault
Proving negligence is a technical process that involves gathering physical evidence, expert testimony, and eyewitness accounts.
In New York, we must establish four key pillars of negligence:
- Duty of Care: The defendant had a legal obligation to act safely (e.g., a driver must follow traffic laws).
- Breach of Duty: The defendant failed to meet that obligation (e.g., a driver ran a red light on Erie Blvd).
- Causation: This failure was the direct cause of the fatal event.
- Damages: The survivors suffered quantifiable financial losses because of the death.
Pure Comparative Negligence
A common concern for families is whether they can seek justice if their loved one was partially at fault for the accident. New York follows a “Pure Comparative Negligence” rule (CPLR § 1411).
Under this standard, a victim’s family can still recover compensation even if the deceased was primarily at fault. However, the final financial award is reduced by the percentage of fault assigned to them.
For example, if your loved one is found 20% at fault for a car accident and the total damages are $1,000,000, your family would still receive $800,000.
Schedule Free Consultation With Our Syracuse Wrongful Death Lawyers
You never know what’s just around the corner, but you don’t have to face it alone. With 90 years of combined experience, our Syracuse wrongful death lawyers provide a free consultation to ensure your family secures a MAXIMUM Award and a recovery that is enough to last.
We are known as the “nice but tough” lawyers, a reputation backed by a 4.8-star Google rating and millions recovered for our clients.
If you ever need the best lawyers to fight against wrongful death claims in Syracuse or anywhere in Central NY, make the first call to Stanley Law Offices.
Stanley Law Offices serve families throughout Onondaga County and the surrounding Upstate New York regions, including Auburn, Cortland, Oswego, Watertown, and Utica. We are familiar with the local courts and dedicated to providing accessible legal services. If your family is unable to visit our office during this difficult time, our attorneys will travel to you.
