If you have lost a loved one in a preventable accident due to the negligence of another party, you have the right to file a wrongful death claim.ContactFiedler Deutsch, LLP, to speak with an experienced wrongful death attorney for a free consultation.
Why Choose Our Yonkers Wrongful Death Lawyer?
- We have successfully collected millions in compensation for our clients in New York.
- OurYonkers Personal Injurysuccess is based on decades of experience and the personal attention we give to every wrongful death case.
- We understand the seriousness of these cases and will never charge an upfront fee. We only get paid if you do it.
Yonkers Wrongful Death Resources and FAQs
- How a Yonkers wrongful death attorney can help your case
- Common Types of Wrongful Death Cases
- What is considered a wrongful death in Yonkers?
- How much compensation can I receive for a wrongful death in Yonkers?
- How long will it take to settle a wrongful death case?
- How is a Yonkers wrongful death claim proven?
- What is the statute of limitations for wrongful death lawsuits in Yonkers?
- How Much Do Wrongful Death Lawyers Charge?
- What is the difference between a wrongful death case and a survivor case?
How a Yonkers wrongful death attorney can help your case
During this extremely difficult time for your family, you shouldn't have to carry the burden of dealing with just one insurance company. A Yonkers wrongful death attorney will understand and be knowledgeable about the state laws that apply to wrongful death cases and will often work with insurance companies to negotiate fair settlements. They will have your family's best interests in mind and will fight aggressively to ensure that the wrongful party is held accountable and that you are awarded compensation that accurately reflects your losses.
Common Types of Wrongful Death Cases
Grounds for a wrongful death claim arise from a wide variety of fatal and preventable accidents. However, our Yonkers wrongful death attorneys commonly represent families who have lost loved ones to:
- Car accidents
- bike accidents
- motorcycle accidents
- truck accidents
- pedestrian accidents
- Work accidents
- construction accidents
- Slip and fall accidents
- Events ofmedical malpractice in Yonkers
- Nursing home incidents
A Yonkers wrongful death lawyer will help you gather the necessary evidence to use as the basis for filing the claim and as proof of liability.
What is considered a wrongful death in Yonkers?
Under New York law,New York Estates, Powers and Trusts Law EPT § 5-4.1, the loss of a loved one is considered wrongful death if the following five elements are present:
- There was a death;
- Death was caused by the negligence of another party;
- Had the deceased victim survived, a personal injury case could have been filed in court;
- The survivors of the decedent suffered losses as a result of the death.
In Yonkers, only the personal representative of the decedent's estate has the ability to file a wrongful death claim on behalf of the surviving heirs, beneficiaries, or heirs. However, the personal representative can be a legal representative or a trusted friend or relative.
How much compensation can I receive for a wrongful death in Yonkers?
Many factors can determine the amount of compensation that can be awarded to an estate in the event of a wrongful death. The most common variables considered by an insurance company or court include the following:
- Type and severity of the accident.
- Age, habits and occupation of the deceased.
- The health of the deceased at the time of death.
- They had outlived the life expectancy of the deceased.
- The past and potential future earnings of the deceased.
- The percentage of financial support on which the spouse relied.
- If the deceased had minor children and how many.
- If the deceased participated actively in his community.
These items can increase or decrease the potential settlement of a surviving family. For example, the value of a wrongful death claim may be less if the victim was older and helped cause the accident. On the other hand, if the deceased victim was young with a surviving spouse and minor children and did not contribute to her accident, the value of the case would be much higher.
Examples of Compensation Awarded
Compensation may be awarded to a bereaved family seeking a wrongful death action. "Damages" means compensation recovered due to a legal mistake made by another party. The types of damages awarded will vary depending on the circumstances of each case, but often include:
- Medical bills related to the death;
- Burial, cremation or burial expenses;
- Loss of the victim's expected wages;
- Loss of profits;
- Reduction of inheritance to surviving children;
- Loss of parental guidance;
- Loss of victim-provided support and services, such as childcare;
- Loss of society, companionship, comfort, guidance and advice.
- The conscious pain and suffering endured by the deceased as a result of their injuries; and,
- Interest in addition to the compensation granted, which is calculated from the date of death.
In some cases, punitive damages may also be awarded to punish the defendant (the debtor) if their actions were malicious or gross.
Pure comparative negligence
Whether or not the victim was partially responsible for the accident that led to her death can also have a large impact on the amount of compensation a bereaved family receives. Under New York's pure comparative negligence law, a wrongful death settlement or award will be reduced by the percentage of the victim's fault for contributing to the accident that led to the victim's death. For example, if the decedent's estate receives $500,000, but the victim is found to be 20 percent at fault for her accident, the estate will only receive 80% of the award, or $400,000.
How long will it take to settle a wrongful death case?
Unfortunately, there is no exact answer as to how long a wrongful death claim will take, as each case is unique. However, most wrongful death cases are settled out of court and are resolved relatively quickly without having to file a lawsuit. If the case is resolved in a settlement, therefore, it may take only a few months. Whereas, if liability is disputed and you end up having to file a lawsuit, it can take up to a year or more to get to court.
How is a wrongful death claim proven?
Filing a successful wrongful death lawsuit requires showing the following elements of negligence:
- duty to care: The defendant (at-fault party) owed the decedent a duty of care, for example, the duty to drive carefully and obey traffic laws if the case involves a car accident.
- breach of duty: The defendant breached his duty by failing to act with the same care that a reasonable person would act in a similar situation, for example, while driving under the influence of drugs or alcohol.
- Causality: The defendant's breach of his duty of care directly caused the death of the victim.
- Damage: Grieving family suffered a loss as a result of the death of their loved one.
Depending on the circumstances of the case, the direct link between the defendant's negligence and the victim's death (causation) can be particularly difficult to prove. The guilty party will often try to shift the blame onto the victim or another party. But a wrongful death lawyer will help you gather the necessary evidence to prove liability.
What is the statute of limitations for wrongful death lawsuits in Yonkers?
Each state has its own laws governing how long the personal representative of the decedent's estate has to file a wrongful death claim. In New York, the statute of limitations to bring a wrongful death lawsuit is two years from the date of the victim's death. If a lawsuit is not filed at that time, the judge may dismiss the lawsuit and you will not be able to receive compensation.
Although two years may seem like a long time, it is almost always in your best interest to start the claims process as soon as possible. When you hire an attorney, they will begin to investigate your loved one's accident to gather critical evidence of wrongdoing that can quickly go away. As a result, your chances of getting justice and the compensation your family deserves will be significantly improved.
How Much Do Wrongful Death Lawyers Charge?
Many law firms, including Fiedler Deutsch, LLP, accept wrongful death cases on a contingency fee basis. This means that we will shift all the costs of filing your wrongful death lawsuit and you will only have to pay legal fees if you win. On average, surviving family members who hire a lawyer get two to three times more compensation even after attorney's fees. As a result, there is no risk to you. Most firms take approximately 33.3% or one-third of your settlement or award for their attorneys' fees, but this can depend on the complexity of the case and the amount of work involved.
What is the difference between a wrongful death case and a survivor case?
The main difference between a wrongful death case and a survivor case is the types of damages that are awarded. Due to wrongful death laws, the victim of a decedent can claim damages for loss of support directly related to the decedent's death. While a survivor's case gives the estate the opportunity to receive compensation that the decedent could have received had she survived the accident. For example, compensation for your conscious pain and suffering or loss of earnings from the time of injury until the time of death.
Talk to a Trusted Yonkers Wrongful Death Lawyer
Our Yonkers wrongful death lawyers at Fiedler Deutsch, LLP care about the loss of your loved one and the suffering of your family. We help you hold the wrongful party accountable and make sure they receive justice. To schedule a free consultation so we can discuss your case and legal options, call (914) 993-0393 or send us a message.onlineHoy.
If the victim died without a will, the estate will be distributed according to New York intestate law: When somebody dies with a spouse and no children, the estate goes to the spouse. If a spouse and children, $50,000 and half of the balance goes to the spouse, while the other half is divided equally among the children.What is the statute of limitations for wrongful death in New York City? ›
In New York, the statute of limitations for a wrongful death lawsuit is two years from the date of the decedent's death.What is wrongful death in law? ›
Wrongful death is a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person.What is the statute of limitations for wrongful death in New Jersey? ›
What Is the Legal Deadline for Filing a Wrongful Death Claim in New Jersey? The statute of limitations for New Jersey wrongful death claims is two years from the date of the decedent's passing.How are wrongful death settlements paid out in New York? ›
New York Damages are distributed to those eligible to recover under intestate law, in proportion to their pecuniary loss, except that when there is a surviving spouse and parents, but no children (or grandchildren), the parents will also recover in proportion to their pecuniary loss.What is wrongful death is death caused by? ›
A wrongful death is one in which the death is brought about by the negligence or wrongful act of others. Not every death is wrongful, but if you have lost a family member because of the negligence of another, you are entitled to pursue compensation from such a loss.Who are the beneficiaries in a wrongful death in New York? ›
Unlike many other states, New York currently provides that a wrongful death lawsuit can only be brought by a child, parent, spouse, or the personal representative for the estate of the decedent.What is pecuniary loss under wrongful death in New York? ›
The Estate Powers and Trust Law (EPTL) of the New York State Constitution makes up New York's wrongful death statute. The law allows the personal representative of a decedent's estate the right to sue for pecuniary (monetary) loss on behalf of those persons who would recover under the estate.What is the CPLR for wrongful death in NY? ›
As explained above, the statute of limitations for wrongful death is generally 2 years. For survival actions, the statute of limitations is generally 3 years (see NY CPLR section 214(5)) which begins on the date of the decedent's injury.Who can file wrongful death lawsuit in New York? ›
According to New York Consolidated Law §4-1.1, a wrongful death lawsuit can be filed by the deceased's children, parents, spouse, or a representative of the estate.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.Is wrongful death a survival action? ›
A survival action is the lawsuit that the deceased person would have been able to bring had he or she lived, while a wrongful death action is a claim for compensation for the harms that the family of the deceased has suffered. It is important to understand the differences between the two types of lawsuit.Who gets the money in a wrongful death lawsuit in NJ? ›
New Jersey Damages are distributed to those eligible to recover under intestate law, in proportion to their pecuniary loss.What is wrongful death v survival action nj? ›
A wrongful death lawsuit is brought on behalf of the spouse, parents or children. In contrast, a survival action is brought on behalf of the deceased person by the personal representative of the estate. The second difference is between the two types of claims is the type of damages that are recoverable.How are wrongful death settlements paid out in NJ? ›
If there were surviving parents but no children or spouse – the settlement will be divided equally between the parents. If there were no surviving spouse, parents, or children – the deceased's siblings or their descendants will receive the settlement, divided equally amongst them.Are wrongful death settlements tax deductible? ›
The settlement amount you receive in a wrongful death claim remains untaxable, according to the Internal Revenue Service (IRS) in IRS Rule 1.104-1. The IRS makes the wrongful death settlement non-taxable because it classifies as part of a claim that resulted from personal injuries or physical illness.How long do you have to pay a settlement in NY? ›
21 days. Under New York law (CPLR secton 5003-a), the defendant has twenty-one (21) days to mail the check from date it receives the settlement documents consisting of a general release agreement and a stipulation of discontinuance.Are wrongful death settlements taxable in NY? ›
Compensation for a Physical Injury or Illness is Tax-free
These are generally not taxed by either the Internal Revenue Service (IRS) or New York State law, each of which has the same requirements and exceptions to their rules which are as follows.
In a wrongful death case, the beneficiaries of the deceased are given compensation, while in an accidental death case, there is no compensation. Motor vehicle insurance companies pay for medical expenses in an accidental death case.Does wrongful death mean death caused by a tort? ›
Is Wrongful Death a Tort or a Criminal Case? A wrongful death claim is a civil case and falls under the area of tort law. Torts can be either intentional or unintentional, but most wrongful death claims are unintentional torts. An intentional tort involves someone's deliberate action that caused harm.
A wrongful death is a civil matter, but a homicide is a criminal matter. A wrongful death lawsuit is filed by the victim's family and their attorney. It is the state–not the victim's family–that initiates a homicide case.Who are the final beneficiaries? ›
Final beneficiary refers to the last person in line to benefit from a trust, life insurance policy, or other property when the original owner assigned multiple beneficiaries. A final beneficiary is someone who takes after the previous beneficiaries' life estates or other period of control ends.What are the rights of a beneficiary in NYS? ›
Beneficiaries of a New York estate have the right to:
Receive their share of the estate in a timely manner. Receive an inventory of the estate within nine months of the executor or administrator being appointed. Compel the executor or an administrator to provide a formal judicial accounting.
In most cases, the beneficiaries of a death benefit from life insurance are your partner, children, or other close loved ones, though you can technically name any person or organization as a beneficiary. When naming more than one beneficiary, you'll specify how much of the death benefit you want each to receive.What is amount of money awarded to compensate for a plaintiff's loss? ›
Compensatory damages represent the money awarded to a plaintiff in a lawsuit.What is money paid to a plaintiff for injuries or losses suffered? ›
Compensatory damages are designed to compensate plaintiffs for the actual losses they've experienced. This type of award can be to reimburse them for medical treatments, medical bills, or any future expenses they may have due to an injury they sustained due to the negligence of another person or entity.What is an example of pecuniary loss? ›
Some specific examples of pecuniary damages include immediate medical costs, ambulance bills, hospital bills, doctors' bills, medicinal expenses, physical therapy, special recovery care, etc.What is New York CPLR Rule 318? ›
A person may be designated by a natural person, corporation or partnership as an agent for service in a writing, executed and acknowledged in the same manner as a deed, with the consent of the agent endorsed thereon.What is Rule 3123 CPLR? ›
CPLR 3123: Court excuses failure to respond to notice to admit. Under CPLR 3123, notice to admit, a party may serve his adversary with a written request to admit matters of fact so as to expedite the trial by eliminating the necessity of proving matters not in dispute.What is Rule 320 CPLR? ›
Civil Practice Law and Rules (CPLR) 320(a) provides three ways in which a defendant may appear in an action: (1) serving an answer; (2) serving a notice of appearance; or (3) making a motion which has the effect of extending the time to answer.
Allows recovery for “grief or anguish caused by the decedent's death” in addition to the existing damages. Allows a jury to determine who comprises the decedent's “close family member” entitled to damages “based on the specific circumstances relating to the person's relationship with the decedent.”Can you sue a dead person in NY? ›
Can You Sue a Dead Person? You cannot sue a deceased person directly. However, you can sue the estate of a deceased person (decedent). The decedent's assets would need to go through probate—unless the decedent had set up the estate to pass to heirs without going through probate.What is the statute of limitations on estate claims in NY? ›
In New York there is no statute of limitations that applies to claims against a deceased person.What is the final element of negligence? ›
Damages. Damages are the final element of negligence. Because the plaintiff suffered injury or loss which a reasonable person in that same situation could expect or foresee, monetary compensation may be the only form of relief for those injuries.What are the different types of death cases? ›
The classifications are natural, accident, suicide, homicide, undetermined, and pending. Only medical examiner's and coroners may use all of the manners of death.What is an example of a negligent homicide? ›
Examples of criminally negligent homicide include when you cause the death of another person after: texting while driving a motor vehicle at top speeds in a crowded neighborhood, firing a deadly weapon in the air at a crowded celebration, leaving a child in an unattended car in hot weather, and.What is the difference between wrongful death and survivor action? ›
Unlike wrongful death lawsuits, which center around what the survivors have lost as a result of their loved one's death, survivor action claims focus on the damages suffered by the victim between the event that caused his or her injuries and the time of that individual's death.What is the difference between wrongful death and survival action in New York? ›
A survivorship action is brought by the decedent's estate for pre-death pain and suffering. Unlike a wrongful death claim, where the settlement or award passes by statute, a survivorship claim is distributed pursuant to a will (or, if the decedent dies intestate, pursuant to the intestate statute).Who is the successor in interest in wrongful death? ›
Under California Code of Civil Procedure §377.30, a cause of action that survives the death of a person passes to the decedent's successor in interest and is enforceable by the decedent's personal representative or, if none, by the decedent's successor in interest.What is the wrongful death statute in New York State? ›
New York's current wrongful death statute, N.Y. Est. Powers & Trusts Law § 5-4.1, allows a personal representative of the deceased person to bring a suit for damages for negligence, malpractice, and/or intentional torts.
According to New York Consolidated Law §4-1.1, a wrongful death lawsuit can be filed by the deceased's children, parents, spouse, or a representative of the estate.What happens if a plaintiff dies in New York? ›
Estate representative becomes the party.
The Court may on its own substitute the estate representative as a party for the deceased individual. If the Court does not act on its own, the estate representative must act, making a motion for substitution under New York Civil Practice Law and Rules § 1021.
Generally, the deceased person's estate is responsible for paying any unpaid debts. When a person dies, their assets pass to their estate. If there is no money or property left, then the debt generally will not be paid. Generally, no one else is required to pay the debts of someone who died.What happens after death of plaintiff? ›
When a person dies, the legal claim passes to his designated heirs. Practically speaking, this means the personal representative appointed by the probate court to administer the estate is also appointed to act on the decedent's behalf in the pending lawsuit. The claim becomes an asset of the estate.What happens to a lawsuit when the defendant dies in New York? ›
New York Civil Practice Law and Rules (CPLR) § 1015 states that “If a party dies and the claim for or against him is not thereby extinguished the court shall order substitution of the proper parties.” New York courts have long established that an action cannot simply continue against a decedent's estate, as there is no ...