Content reviewed by:
Alex Shulman
Losing someone because of another person’s negligence is a tragedy no family should face. If your loved one died as a result of a car accident, workplace injury, or another incident caused by someone else’s actions, you may have the right to pursue a wrongful death claim.
Our wrongful death lawyer in Yonkers can help your family understand your legal options and seek the accountability you deserve. At Shulman & Hill Injury Lawyers, we’ve recovered $1 billion-plus for injured New Yorkers and their families. Reach out to a personal injury lawyer in Yonkers today for a compassionate, free consultation.
This is one of the most difficult things a family can go through. We’re here to handle the legal side of your situation so you can focus on your family.
Who Can File a Wrongful Death Claim in New York
New York’s wrongful death law limits who is eligible to bring a claim. Under New York Estates, Powers and Trusts Law, only the personal representative of the deceased’s estate may file the lawsuit. However, the compensation recovered is distributed to the surviving family members who depended on or were close to the person who died.
Surviving spouses, children, and parents are the most common beneficiaries of a wrongful death recovery. The specific distribution depends on the family’s circumstances and who can demonstrate financial or other dependence on the deceased. We help families understand how this process works from the start, so there are no surprises.
The statute of limitations for wrongful death claims in New York is generally two years from the date of death. However, it’s important not to wait to contact a wrongful death lawyer in Yonkers before evidence disappears.
What a Wrongful Death Claim Can Cover
A wrongful death claim in New York is designed to compensate the surviving family for the losses they’ve suffered as a result of the death. Recoverable damages can include:
- The financial support the deceased would have provided over their lifetime
- Medical and hospital expenses incurred before the death
- Funeral and burial costs
- The value of household services the deceased would have contributed
- Loss of parental guidance for surviving minor children
- Conscious pain and suffering experienced by the deceased before death (as a separate survival claim)
The total value of a wrongful death case depends on many factors, including the age and income of the deceased, the number of dependents, and the circumstances of the death itself.
How We Establish Liability in a Wrongful Death Case
Proving a wrongful death claim requires showing that someone’s negligence or wrongful act caused your loved one’s death. This means establishing that the responsible party had a duty of care, that they breached it, and that the breach directly caused the fatal outcome.
Depending on how the death occurred, liable parties can include a negligent driver, a property owner who failed to maintain a safe premises, an employer whose safety violations led to a fatal workplace accident, or a manufacturer whose defective product caused the incident.
Our wrongful death lawyers in Yonkers will investigate the full circumstances of the death to identify every party who may bear responsibility.
Common Causes of Wrongful Death Cases We Handle
Wrongful death claims can arise from a wide range of circumstances. The cases we handle in and around Yonkers most often involve:
- Fatal car, truck, and motorcycle accidents caused by a negligent or reckless driver
- Construction accidents involving falls, struck-by incidents, or equipment failures
- Workplace accidents in industries with known safety hazards
- Premises liability incidents, including fatal slip and falls or elevator accidents
- Pedestrian and bicycle accidents involving vehicles
Each type of case has its own legal considerations, evidentiary demands, and potential liable parties. We approach each one with a full investigation from the start.
The Difference Between a Wrongful Death Claim and a Survival Action
New York law allows for two related but distinct legal actions after a fatal incident. A wrongful death claim compensates the surviving family for their own losses going forward. A survival action compensates the estate for what the deceased themselves suffered and lost before death.
In practice, both claims are often filed together. The survival action may cover things like the pain and suffering your loved one experienced before passing, as well as any income they lost between the injury and the time of death. Understanding both claims and how they work together is important to recovering the full amount the law makes available.
What to Expect During the Legal Process
Wrongful death cases can take time, and families dealing with grief often have questions about what the process looks like. After an initial consultation, we investigate the facts, identify liable parties, and send a demand to the responsible parties’ insurers.
Most cases resolve through negotiated settlement, though we are fully prepared to go to trial if a fair outcome cannot be reached. Throughout the process, we keep your family informed. You will always know where your case stands.
Why Shulman & Hill Injury Lawyers
Shulman & Hill Injury Lawyers was founded in 2013 and has since recovered $1 billion-plus for clients and families across New York. Our attorneys bring 200-plus years of combined legal experience to every case, including wrongful death and survival actions.
We serve families across all five boroughs and the greater New York area, including Yonkers. There are no fees unless we win.
Talk to a Wrongful Death Lawyer in Yonkers Today
Your family should not have to face this alone. A wrongful death attorney in Yonkers at Shulman & Hill Injury Lawyers is ready to sit with you, answer your questions, and help you understand your options.
Contact us today for a free, no–obligation consultation so we can start fighting for your family.