Understanding Wrongful Death Claims in New York

Jason B. Kessler • September 29, 2023

Losing a loved one due to someone else's negligence is a devastating experience, and it can lead to emotional, financial, and psychological trauma for the family. If you lost a family member due to someone else's actions, you have the right to seek compensation by filing a wrongful death claim in New York. In this blog post, we will discuss the various damages available in a New York wrongful death claim, the statute of limitations for filing a claim, and how an attorney can help you through the process.



1. Types of Damages Available in a New York Wrongful Death Claim

When filing a wrongful death claim, you can seek the following types of damages:

- Economic damages: This covers the financial losses incurred by the family members due to the victim's death, including medical bills, funeral expenses, and lost earnings.


- Non-economic damages: This includes the emotional and psychological losses suffered by the family members due to the victim's death, such as loss of companionship, mental anguish, and pain and suffering.


- Punitive damages: In rare cases, the court may award punitive damages if the responsible party's actions were particularly malicious or reckless.


2. Statute of Limitations for Filing a Claim

In New York, the statute of limitations for filing a wrongful death claim is two years from the date of death. If you fail to file your claim within this time frame, you may lose your right to seek compensation for your losses.


3. How an Attorney Can Help You

Suffering from the loss of a loved one can be an intense and emotionally charged experience, and filing a wrongful death claim can be a complicated and technical process. An experienced wrongful death attorney can help you navigate the legal process while providing emotional support and guidance. An attorney will handle filing the claim, gathering evidence, negotiating with insurance companies, and representing you in court if necessary.


4. When to File a Wrongful Death Claim

If you have lost a loved one due to someone else's negligence, it's important to act quickly and take legal action as soon as possible. Filing a wrongful death claim can provide you with the financial security you need to cover your expenses and losses while finding justice for your loved one. Consult an attorney as soon as possible to understand your legal rights and options.


Losing a loved one due to negligence is a tragic and overwhelming experience, but you don't have to go through it alone. Filing a wrongful death claim can provide you with the financial and emotional support you need to move forward and find closure. It's important to understand the types of damages available, the statute of limitations, and how an attorney can help you through the legal process. Contact a wrongful death attorney today to learn more about your options.


November 22, 2024
What Is the Statute of Limitations for a Car Accident in New York?
August 27, 2024
Motorcycle accidents can be terrifying and life-altering events, causing severe injuries and financial burdens. If you or a loved one has been involved in a motorcycle accident in New York, it is crucial to seek legal representation from an experienced attorney who specializes in handling these types of cases. The Law Offices of Jason B. Kessler, PC is here to help you navigate the complex legal process and fight for the compensation you deserve.  Understanding Motorcycle Accident Laws in New York In New York, motorcycle accident victims have the right to seek compensation for their injuries and damages caused by the negligence of another party. However, navigating the legal system can be challenging without the help of an experienced attorney. The Law Offices of Jason B. Kessler, PC has a team of skilled attorneys who understand the intricacies of motorcycle accident laws in New York and will work tirelessly to protect your rights. Building a Strong Case Proving liability in a motorcycle accident case can be difficult, as insurance companies often try to shift blame onto the victim. Our attorneys have years of experience investigating motorcycle accidents, collecting evidence, and building strong cases that hold negligent parties accountable. We will work with accident reconstruction experts, medical professionals, and other experts to establish fault and secure maximum compensation for your injuries. Fighting for Maximum Compensation After a motorcycle accident, victims may face mounting medical bills, lost wages, and physical pain and suffering. Our attorneys at the Law Offices of Jason B. Kessler, PC understand the financial strain that comes with recovering from a serious injury. We will fight tirelessly to recover compensation for medical expenses, lost income, pain and suffering, property damage, and other damages resulting from the accident. Guiding You Through the Legal Process Navigating the legal process can be overwhelming for motorcycle accident victims who are already dealing with physical injuries and emotional trauma. Our compassionate attorneys at the Law Offices of Jason B. Kessler, PC will guide you through every step of your case with personalized attention and support. We will keep you informed about your rights and options while handling all communication with insurance companies on your behalf. Schedule a Free Consultation Today If you or a loved one has been injured in a motorcycle accident in New York, do not hesitate to seek legal representation from the Law Offices of Jason B. Kessler, PC. Our dedicated team is committed to helping motorcycle accident victims recover fair compensation for their injuries and losses. Contact us today to schedule a free consultation and learn how we can assist you in seeking justice after a devastating motorcycle accident. Navigating the aftermath of a motorcycle accident can be overwhelming without proper legal guidance and representation. The Law Offices of Jason B. Kessler, PC is here to provide compassionate support and aggressive advocacy for motorcycle accident victims in New York seeking justice and fair compensation for their injuries. Do not hesitate to reach out to our experienced team today for a free consultation to discuss your case and learn how we can help you move forward with confidence.
July 31, 2024
If you've been injured on someone else's property, navigating the complexities of premises liability law can be challenging. This blog post from the Law Offices of Jason B. Kessler, PC explains how a premises liability attorney can assist you in New York. Learn about the benefits of professional legal representation, the intricacies of premises liability cases, and how our firm can help you secure the compensation you deserve.
June 25, 2024
Medical malpractice can have devastating consequences for patients and their families. This blog post from the Law Offices of Jason B. Kessler outlines the critical moments when hiring a medical malpractice attorney in New York becomes essential. Learn about the complexities of medical malpractice cases, the benefits of professional legal representation, and how our firm can help you seek the justice and compensation you deserve.
May 20, 2024
Discover when to hire an attorney for an auto accident to protect your rights and secure fair compensation. Learn the key scenarios that require legal assistance.
April 29, 2024
Understanding Compensation in New York Car Accidents
April 1, 2024
Slip and fall accidents are a common occurrence in New York, especially during the winter months when sidewalks and walkways can become icy and slippery. These accidents can result in serious injuries, leading to medical bills, lost wages, and pain and suffering. In this blog post, we will discuss the dangers of slip and fall accidents in New York and what steps you can take to protect yourself. One of the main dangers of slip and fall accidents is the risk of sustaining serious injuries. Common injuries from slip and fall accidents include broken bones, head injuries, sprains, and strains. These injuries can be debilitating and may require extensive medical treatment. In some cases, slip and fall accidents can even result in permanent disabilities. It's important to be cautious when walking on slippery surfaces to avoid these injuries. In addition to physical injuries, slip and fall accidents can also lead to financial burdens. Medical bills from treating injuries sustained in a slip and fall accident can quickly add up, especially if surgery or physical therapy is required. Additionally, if you are unable to work due to your injuries, you may lose out on wages or even your job entirely. This loss of income can further compound the financial strain caused by a slip and fall accident. Another danger of slip and fall accidents is the emotional toll they can take on victims. Suffering an injury due to a slip and fall accident can be traumatic and may lead to feelings of anxiety or depression. The pain from the injury itself can also cause emotional distress. It's important for victims of slip and fall accidents to seek help from a mental health professional if needed to cope with these emotions. To protect yourself from slip and fall accidents in New York, there are several precautions you can take. Always wear appropriate footwear with good traction when walking on slippery surfaces. Be mindful of your surroundings and watch out for hazards such as wet floors or uneven pavement. If you encounter a dangerous condition like an icy sidewalk, report it to the property owner or manager so that they can address it promptly. Slip and fall accidents pose serious risks to residents of New York, including physical injuries, financial burdens, and emotional distress. By taking precautions such as wearing proper footwear and staying alert for hazards, you can reduce your risk of being involved in a slip and fall accident. If you do suffer an injury from a slip and fall accident, seek medical attention immediately and consider contacting a personal injury attorney who specializes in premises liability cases. Stay safe while navigating the streets of New York City this winter season!
February 18, 2024
Riding a motorcycle can be exhilarating, but it can also be dangerous. Motorcycles do not offer the same level of protection as passenger vehicles, making riders more vulnerable to injury and death. In fact, motorcyclists are 28 times more likely to die in a crash than occupants of other motor vehicles. While there are many reasons why motorcycle accidents occur, some causes are more common than others. In this blog post, we will discuss the most common cause of motorcycle accidents and how an attorney can help if you are involved in a crash in New York.  The most common cause of motorcycle accidents is driver error or negligence. According to the National Highway Traffic Safety Administration (NHTSA), approximately two-thirds of all motorcycle accidents involve another vehicle violating the motorcyclist's right-of-way. This means that drivers fail to see motorcycles when turning left or changing lanes, resulting in collisions. Other common causes of motorcycle accidents include speeding, driving under the influence of drugs or alcohol, and distracted driving. If you are involved in a motorcycle accident in New York due to another person's negligence, you may be entitled to compensation for your injuries and other damages. However, navigating the legal system can be complex and overwhelming without the help of an experienced attorney. A personal injury attorney who specializes in motorcycle accidents can help you understand your rights and options and work tirelessly on your behalf to ensure that you receive fair compensation for your losses. In addition to helping you navigate the legal system, an attorney can also assist with investigating your accident and building a strong case on your behalf. This includes gathering evidence such as witness statements, police reports, medical records, and accident reconstruction reports. An attorney can also negotiate with insurance companies on your behalf to ensure that you receive full compensation for your injuries. It is important to note that New York follows a comparative negligence system, which means that even if you are partially at fault for the accident, you may still be entitled to compensation. However, your compensation may be reduced by your percentage of fault. An attorney can help you understand how comparative negligence applies to your case and work to minimize your share of fault. In conclusion, driver error or negligence is the most common cause of motorcycle accidents. If you are involved in a motorcycle accident in New York due to another person's negligence, an experienced personal injury attorney can help you navigate the legal system and work tirelessly on your behalf to ensure that you receive fair compensation for your losses. Don't hesitate to seek legal advice if you have been injured in a motorcycle accident – an attorney can help you understand your rights and options and fight for the justice you deserve.
January 29, 2024
Understanding the Statute of Limitations for Filing a Car Accident Claim in White Plains
December 1, 2023
Medical malpractice is a serious issue that can have life-changing consequences, and if you or a loved one have been affected, finding the right legal representation can make all the difference in the outcome of your case. New York has some of the most stringent medical malpractice laws in the country, and there are many factors to consider when choosing the right attorney to represent you. Below, we’ll discuss how to choose the right medical malpractice attorney in New York.  1. Experience matters: When it comes to medical malpractice cases, experience is crucial. You want an attorney who has successfully handled cases similar to yours, and who knows the intricacies of New York’s medical malpractice laws. Look for an attorney who has a track record of success in this area, and who is well-respected in the legal community. 2. Reputation: A good reputation is important in any profession, but it’s especially critical for attorneys. Look for an attorney who has a reputation for integrity, honesty, and ethics. You want an attorney who will represent you with the utmost professionalism, and who will fight for your rights every step of the way. 3. Personalized attention: Your case is unique, and you deserve personalized attention from your attorney. Look for an attorney who will take the time to understand your situation, answer your questions, and keep you informed throughout the process. You want an attorney who is responsive and communicative, and who will make your case a priority. 4. Resources: Medical malpractice cases can be complex and expensive. Look for an attorney who has the resources to fully investigate and prepare your case, including access to medical experts, witnesses, and other resources. You want an attorney who will leave no stone unturned in the pursuit of justice for you and your family. 5. Contingency fee: Finally, consider the fee structure of your attorney. Most medical malpractice attorneys work on a contingency fee, which means you only pay if you win your case. This can be a significant relief, as medical malpractice cases can be expensive to pursue. Make sure you understand the fee structure up front, including any expenses you may be responsible for. Finding the right medical malpractice attorney can be a daunting task, but it’s a critical one if you or a loved one have been affected by medical malpractice. By considering factors such as experience, reputation, personalized attention, resources, and fee structure, you can find an attorney who will fight for your rights and give you the best chance of a successful outcome. Remember, you don’t have to face this situation alone - with the right attorney by your side, you can get the justice you deserve.
More Posts
Share by: