SSKB Practice Areas

New York Wrongful Death Attorneys

Helping Families Seek Justice Following an Unexpected Loss

Navigating the aftermath of an unexpected and tragic loss can be immensely challenging. At Salenger, Sack, Kimmel & Bavaro, we recognize the profound pain and suffering that accompany such circumstances. For nearly four decades, our firm has been unwavering in assisting families across the Long Island and New York City areas, in seeking justice for their loved ones. With a deep understanding of the complexities involved, our New York wrongful death attorneys are dedicated to holding negligent parties accountable. We are committed to guiding you through the legal process with compassion and expertise, empowering you to take the necessary steps towards healing.

What is Wrongful Death?

In accordance with New York's wrongful death statute (NY EPT § 5-4.1), a "wrongful death" is legally defined as the demise of an individual stemming from a "wrongful act, neglect, or default." Typically, these tragedies unfold when someone loses their life due to the negligent or unlawful actions of another party.

Understanding wrongful death claims involves recognizing them as scenarios where the deceased individual, known as the "decedent," would have had grounds to pursue a personal injury claim or lawsuit if they had survived. However, since the decedent is no longer able to advocate for themselves, an eligible party must step forward to pursue the claim or lawsuit on their behalf.

What Does a Wrongful Death Lawyer Do?

A wrongful death lawyer serves as a beacon of support for families navigating the aftermath of a tragic loss. With empathy and expertise, we investigate the circumstances surrounding the death, determining liability and advocating for justice on behalf of the deceased. Our dedicated professionals provide invaluable guidance, informing grieving loved ones of their legal rights and options for seeking compensation. Through meticulous legal representation, we strive to ease the burdens of bereavement, offering solace and clarity amidst the complexities of the legal process.

Just A Few Our Wrongful Death Case Results

  • $10 million: wrongful death resulting from medical malpractice
  • $3.1 million: wrongful death resulting from medical malpractice
  • $3 million: wrongful death resulting from a bus accident
  • $2.75 million: wrongful death due to delayed cancer diagnosis
  • $2.5 million: wrongful death due to ER negligence

For a free consultation with one of our wrongful death lawyers in New York, call (800) 572-7246 or contact us online. We work on a contingency fee basis, so you do not owe anything unless we win your case.

Why Contact Our New York Wrongful Death Attorneys?

As seasoned wrongful death lawyers, we undertake every necessary step to pursue your claim with diligence. From conducting thorough investigations into the circumstances surrounding your relative's passing to elucidating your legal rights, we're here to guide you every step of the way. Our mission is to file a wrongful death lawsuit on your behalf, seeking the financial compensation you and your family deserve during this difficult time. Reach out to our office today to take the first step toward justice.

When you engage our team, you incur no initial expenses whatsoever. Our policy dictates that we solely collect attorney fees upon successfully winning your case. In the event that we fail to secure a settlement or verdict in your favor, you bear no financial obligation.

Who Can File a Wrongful Death Lawsuit in New York?

In New York, the personal representative of the deceased estate, often family member, such as a spouse or child of the decedent, must initiate a wrongful death lawsuit. If the decedent had a will, the appointed executor typically fulfills this role; if not, the court appoints one. Often, the personal representative is a family member, like a spouse or child. This individual files the claim on behalf of eligible family members, including the surviving spouse or domestic partner, biological or adopted children, parents, and others.

How Long Do I Have to File a Wrongful Death Lawsuit in New York?

Similar to other personal injury cases, wrongful death lawsuits adhere to a statute of limitations, serving as a filing deadline. Failing to file before this limit expires could result in the forfeiture of your right to seek damages from the responsible party.

In New York, the statute of limitations for most wrongful death cases is two years from the date of death. However, if the death stems from medical malpractice, you have two and a half years (or 30 months) to file. If the accused individual faces a criminal case due to the incident, the statute of limitations is one year after the conclusion of the criminal proceedings.

Prompt action is crucial if you suspect a wrongful death case. Although initiating legal proceedings may seem daunting amidst such loss, contacting our wrongful death attorneys at Salenger, Sack, Kimmel & Bavaro, LLP in New York promptly allows us to initiate investigations and gather evidence on your behalf. Trust us to handle every aspect of your case, enabling you to focus on your family during this challenging time.

Common Causes of Wrongful Death Lawsuits: Accidents, Factors, and Traumatic Events

Schedule a free consultation with us today. Call (800) 572-7246 to get started.    
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Understanding Recoverable Damages in New York Wrongful Death Cases

In New York, the scope of damages recoverable in a wrongful death case is governed by state law. Unlike some jurisdictions, New York does not permit surviving family members to seek compensation for their own emotional distress or loss of companionship following the loss of a loved one.

However, through a wrongful death lawsuit, you may be eligible to pursue the following types of damages:

  1. Medical expenses related to the decedent's final injury or illness.
  2. Funeral and burial costs.
  3. Loss of anticipated financial support and earnings the decedent would have provided.
  4. The reasonable value of services and support offered by the decedent.
  5. The reasonable value of parental care, guidance, and support provided to surviving children.
  6. Loss of inheritance, encompassing contributions the decedent would have made.
  7. Any conscious pain and suffering endured by the decedent due to their final injury or illness.

Additionally, plaintiffs in New York wrongful death cases may be entitled to interest on the damages awarded, typically calculated from the date of death.

Our team of New York wrongful death attorneys is prepared to conduct a thorough review of your case during a complimentary and confidential consultation. This session allows us to offer personalized insights into the potential types of damages you could recover and assess the overall value of your claim.

Understanding the Distinction: Wrongful Death Claims vs. Criminal Cases

It's important to recognize that wrongful death claims are distinct from criminal homicide cases. Unlike criminal proceedings, a wrongful death claim is a civil action. The objective is not to impose criminal penalties on the defendant but rather to seek financial compensation for the losses endured by the decedent's estate and their surviving family members. Allow our New York wrongful death lawyers to assist you in securing the rightful compensation for you and your family. 

What Our Clients Are Saying

  • "We recommend Salenger, Sack, Kimmel & Bavaro, LLP , Justin Curtis and his team a hundred percent!"
    Isabel A.
  • "Thank you Deborah Kurtz for being my attorney and fighting for me!"
    Edwin S.
  • "Deborah Kurtz is a straight shooter and plays no games all while maintaining the highest level of professionalism."
    Joe M.
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