Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Do I have to pay a lawyer upfront to sue a nursing home for wrongful death in New York?
No. Virtually all NY nursing home wrongful death attorneys work on a contingency fee basis, meaning you pay nothing upfront and no attorney fees at all unless the case results in a settlement or verdict in your favor. The fee is a percentage of the recovery, negotiated before representation begins.
What does NY Public Health Law §2801-d mean for my nursing home wrongful death case?
NY Public Health Law §2801-d gives nursing home residents — and their estates after death — a private right of action against facilities that deprive them of rights or benefits established under state or federal law. This statute can allow families to seek compensatory damages and, in cases of willful or wanton neglect, up to 25% in additional damages on top of actual losses.
What out-of-pocket costs might arise during a nursing home wrongful death lawsuit in NY?
Even on contingency, lawsuits involve case costs such as filing fees, expert witness fees, medical record retrieval, and deposition costs. Most NY nursing home attorneys advance these costs and recover them from the settlement or verdict. If the case is lost, many firms absorb these costs entirely — confirm this arrangement in writing before signing.
Who can bring a wrongful death lawsuit against a nursing home in New York?
Under NY EPTL §5-4.1, a wrongful death action must be filed by the personal representative of the deceased estate, typically a spouse, adult child, or parent. Damages are distributed to those who suffered financial loss from the death. NY law imposes a two-year statute of limitations on wrongful death claims, so prompt legal consultation is critical.