Content reviewed by:
Alex Shulman
Losing a loved one before their time is a heartbreaking experience, made worse when it happens because of the negligence of another person. You and your family will have questions about how it was allowed to happen and who is responsible for their unnecessary demise.
You may also wonder if there is anything you can do to hold the negligent party accountable for the hardships they have caused. You can take action, and our wrongful death lawyers in Peekskill can help. We can determine who is liable and seek the compensation you deserve.
The legal team at Shulman & Hill has recovered more than $1 billion in judgments and settlements on behalf of New Yorkers and their families. Call now for your free consultation and learn more about how our personal injury lawyers in Peekskill can help.
Do You Need an Attorney for a Wrongful Death Case?
It is never a good idea to try to handle a personal injury claim on your own, even if legal representation isn’t required. You will most likely be up against an insurance company, and they will definitely have a team of lawyers looking out for their interests. Our attorneys can:
- Offer legal advice to help you and your family make decisions
- Investigate the death to find out exactly what happened
- Identify every responsible party who played a role in your loved one’s death
- Deal with insurance companies or the defendant’s attorneys
- Negotiate for a fair settlement that completely addresses your economic losses
- Fight for you in civil court if a settlement isn’t possible.
Our wrongful death attorneys in Peekskill work on a contingency fee basis, which means you pay nothing up front when we take your case. We take our fee as a percentage of your award or settlement when we win. Billing this way makes our services affordable for almost everyone.
How Do You Prove a Wrongful Death?
When a person passes away due to the negligent actions of another person, it is considered a wrongful death. To prove negligence requires proving specific elements in the case. Our wrongful death attorneys must be able to show that:
- The other party owed a duty of care
- They failed to meet that duty or act in a reasonably expected manner
- Their failure directly caused the death
- Survivors suffered real damages
Wrong death cases, like all personal injury claims, require strong evidence. We will investigate the accident that led to the death by referring to evidence such as police reports, medical records, and witness testimony.
What Compensation Can You Get for a Wrongful Death in New York?
Damages in a wrongful death case are limited to economic losses suffered by the family. Every case is unique, and the settlement you can receive depends on the facts of your case. You may be able to recover costs associated with:
- Reasonable costs of medical, hospital, and nursing care incurred in treating the condition that led to the death.
- Compensation for the income the deceased would reasonably have earned and contributed to the family over their expected lifetime.
- Reasonable expenses related to the deceased’s funeral, burial, or other final arrangements.
- The value of services the deceased provided, including childcare, meal preparation, home maintenance, and care for dependents.
- The reduction in assets or wealth that beneficiaries reasonably would have received had the deceased lived a normal lifespan.
- Damages to surviving children for the loss of a parent’s nurturing, care, and moral, intellectual, and physical guidance.
While a wrongful death lawsuit focuses on recovering compensation for the deceased person’s family, you might also be able to file a survival action. If successful, you may recover damages on behalf of the deceased person’s estate, which can include non-economic damages.
How Long Do You Have to File a Wrongful Death Claim in New York?
It is important that you consult with your Peekskill wrongful death lawyers as soon after your loved one’s death as possible. New York law only allows a specific time frame in which you can file a wrongful death lawsuit.
According to EPT § 5-4.1, that’s two years from the date of death. However, there could be exceptions, based on the actual cause of death.
Get Help from Our Wrongful Death Attorneys in Peekskill
When a family member passes away because of the action of another person, you may have the right to seek financial compensation through a civil lawsuit. If they owed a duty of care, failed in their duty, and caused the death, you could get financial compensation.
Insurance companies and their attorneys may try to stand in your way. They’ll do what they can to delay or deny your claim, and even say the accident was your deceased loved one’s fault. Our wrongful death attorneys in Peekskill are here to protect your legal rights.
Our lawyers at Shulman & Hill have more than 200 years of combined legal experience advocating for those who have suffered hardships through no fault of their own. Call to schedule your free, no-obligation consultation and tell us what happened.