Helping Families Seek Justice After an Unexpected Loss
Nothing is more difficult than the unexpected and tragic loss of a loved one. If your family member died as a result of the negligent or wrongful conduct of another, you deserve justice—and Salenger, Sack, Kimmel & Bavaro can help.
For nearly 40 years, our firm has helped families on Long Island, in New York City, and throughout the state hold negligent parties accountable for the immense pain and suffering they cause. Our New York wrongful death attorneys understand that you are going through one of the most challenging times in your life, and we want to guide you through the legal process so that you can begin to heal.
Our 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.
What Is Wrongful Death?
According to New York's wrongful death statute (NY EPT § 5-4.1), a “wrongful death” is defined as the death of an individual resulting from “a wrongful act, neglect, or default.” Typically, wrongful deaths occur when someone dies as a result of someone else’s negligent or unlawful conduct.
It can be helpful to think of wrongful death claims as cases in which the individual who died (known as the “decedent”) would have had grounds to bring a personal injury claim or lawsuit had he or she lived. However, because the individual died, an eligible party must bring the claim or lawsuit on his or her behalf.
Wrongful death lawsuits often arise from the following accidents, factors, and traumatic events:
How Do Wrongful Death Claims Differ from Criminal Cases?
Note that wrongful death lawsuits are different from criminal homicide cases. A wrongful death claim is a civil action, as opposed to a criminal one. The purpose of filing a wrongful death lawsuit is not to punish the defendant with criminal penalties but, rather, to recover financial compensation for damages suffered by the decedent’s estate and surviving family members. Let our wrongful death lawyers in New York help you recover the just compensation you and your family deserves.
Who Can File a Wrongful Death Lawsuit in New York?
Although damages are generally sought on behalf of surviving family members, the personal representative of the decedent’s estate must be the one to file the wrongful death claim or lawsuit. If the person died with a will, the personal representative will almost certainly be someone named in the will to serve as the executor of the estate. If the individual did not have a will when they passed away, the court will typically appoint someone to serve as the personal representative.
Often, the personal representative is also a family member, such as a spouse or child of the decedent. Additionally, regardless of the personal representative’s relationship to the decedent, he or she files the claim and seeks damages 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?
Just like other personal injury cases, wrongful death lawsuits are subject to a statute of limitations. The statute of limitations is essentially the filing deadline; if you do not file a lawsuit before the statute of limitations expires, you will almost certainly lose your right to sue the liable party for damages.
In New York, the statute of limitations on most wrongful death cases is two years from the date of death. However, if the death resulted from an act of medical malpractice, you have two and a half years (or 30 months) to file your lawsuit. If the individual accused of causing the wrongful death also has a criminal case against them as a result of the incident that led to your loved one’s death, the statute of limitations is one year from the date on which the criminal case ends.
No matter the circumstances, it is important that you act quickly if you believe you may have a wrongful death case. At Salenger, Sack, Kimmel & Bavaro, LLP, we understand that filing a lawsuit may be the furthest thing from your mind after the tragic loss of a loved one, but the sooner you reach out to our wrongful death attorneys in New York, the sooner we can start investigating the incident and gathering evidence for your claim. As your legal team, we will handle every detail so that you can focus on spending time with your family.
What Types of Compensation Can I Recover?
State law dictates what types of damages can and cannot be recovered in a wrongful death case in New York. Unlike many other states, New York does not allow surviving family members to recover compensation for their own pain, suffering, grief, mental anguish, or loss of companionship after the tragic death of a loved one.
However, a wrongful death lawsuit could allow you to recover the following types of damages:
- Medical costs associated with treating the decedent’s final injury or illness
- Funeral and/or burial expenses
- Loss of expected financial support and earnings the decedent would have provided
- The reasonable value of services and support provided by the decedent
- The reasonable value of parental care, guidance, and support provided to surviving children
- Loss of inheritance, including contributions the decedent would have made
- Any conscious pain and suffering experienced by the decedent related to final injury or illness
Plaintiffs in wrongful death cases in New York may also be entitled to interest on the damages award, which is typically calculated from the date of death.
Our New York wrongful death attorneys can review the details of your case during a free and confidential consultation. During this time, we can provide personalized information regarding the types of damages you may be able to recover, as well as the overall potential value of your case.
Why Contact Our NY Wrongful Death Attorneys?
At Salenger, Sack, Kimmel & Bavaro, LLP, we truly care about each and every one of our clients. We take great pride in helping honest, everyday people go up against powerful corporations, insurance companies, and defense teams—and we have what it takes to win. Our New York wrongful death lawyers are here to provide the compassionate counsel and personalized representation you deserve, coupled with the tenacious and aggressive advocacy you and your family need.
There are absolutely no upfront costs when you hire our team. Instead, we only collect attorney fees if/when we win your case. If we do not recover a settlement or verdict on your behalf, you do not pay.
“I would highly recommend them due to the fact that during a difficult time, they made the process very straightforward with excellent results.” - Ciara L.
“I had them for a case that was very difficult this firm was the best very caring and concerned I was treated like family.” - Robbie J.
“Thanks to Jeff and SSKB Law we had a successful outcome and I know that wouldn’t have been possible with anyone else. I would highly recommend this law firm to anyone who needs representation.” - Chrissy B.