New Rochelle Wrongful Death Lawyer
If you have lost a loved one due to the negligence or willful act of another party, you could be eligible to file a wrongful death lawsuit. We can help you obtain the justice your family deserves and seek full compensation from the party responsible. Send us a message online or call (914) 993-0393 today to arrange a free consultation.
Why Choose Our New Rochelle Wrongful Death Lawyer?
- We have over 50 years of combined experience fighting for the surviving families of wrongful death victims.
- Your needs and goals come first, as client care is our top priority.
- We have recovered millions in compensation for our clients.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action that is brought by the representative of the deceased’s estate on behalf of surviving family members when a person dies as a result of someone else’s negligent, reckless, or intentional actions. Wrongful death claims are civil lawsuits that seek to hold the responsible party accountable for the death of the victim and to compensate the family members for their losses.
Common Types of Wrongful Death Cases in New Rochelle
Here are some common types of wrongful death cases:
Motor Vehicle Accidents
When someone dies as a result of an accident involving a car, truck, motorcycle, pedestrian, etc., caused by the negligence of another driver.
If a healthcare provider, such as a doctor or nurse, fails to provide appropriate care, misdiagnoses an illness, or makes a surgical error, resulting in the death of a patient, it may be considered medical malpractice in New Rochelle and grounds for a wrongful death claim.
If a product, such as a defective vehicle or medical device, causes the death of an individual, the manufacturer can be held responsible in a wrongful death case.
If an employee dies while on the job due to the employer’s negligence, such as failure to provide proper safety equipment or training, or a third party’s negligence, the surviving family members may be able to file a wrongful death claim.
If someone dies due to another person’s intentional actions, such as assault or murder, the surviving family members may be able to file a wrongful death claim against the perpetrator separately from criminal charges.
Nursing Home Abuse
If a resident of a nursing home dies because of abuse or neglect by the nursing home staff, the surviving family members may be able to file a wrongful death claim.
How Do You Prove a Wrongful Death Claim?
Bringing a successful wrongful death lawsuit requires demonstrating the following elements of negligence:
- Duty of Care: The defendant (at-fault party) owed the deceased a duty of care—for example, the duty to drive carefully and obey traffic laws to keep others on the road safe.
- Breach of Duty: The defendant violated their duty by failing to act with the same level of care that a reasonable person would in a similar situation. For example, texting while driving or while under the influence of drugs or alcohol.
- Causation: The defendant’s breach of care directly caused the individual’s death. In other words, the deceased would not have been killed if not for the defendant’s breach of care.
- Damages: The surviving family suffered losses as a result of their loved one’s death.
Depending on the circumstances of the case, the causation element can be challenging to prove, and the defendant may try to shift blame on the victim or another party. To ensure the defendant is held liable, a wrongful death attorney will help you gather the necessary evidence, which can involve:
- Investigating the accident to determine who was responsible.
- Obtaining police reports, medical records, photos, and video surveillance footage if available.
- Interviewing eyewitnesses
- Hiring expert witnesses to reconstruct what happened and how the deceased was killed.
New York’s law of comparative negligence will apply to wrongful death cases. Under this law, the compensation awarded to the estate can be reduced if the deceased contributed to their death. For example, if the estate is awarded $500,000 and the deceased was found 30 percent at fault, the estate will recover 70 percent of the award or $350,000.
How Much Does a New Rochelle Wrongful Death Lawyer Charge?
New Rochelle wrongful death lawyers typically work on a contingency fee basis, meaning they only receive payment if they win the case, and their fee is a percentage of the settlement or award. The percentage can range from 25% to 40% of the total amount awarded, with some lawyers charging a lower one if the case settles and a higher one if it goes to trial. If you do not win, you will not owe legal fees but may be responsible for court costs and other expenses. As a result, it is critical to discuss fees and payment arrangements with your lawyer before hiring them to ensure you understand how much you will be expected to pay.
What Is the Statute of Limitations for Wrongful Death Claims in New York?
Each state makes its own laws governing how long surviving family members have to bring a wrongful death claim. In New Rochelle, the statute of limitations for filing a wrongful death lawsuit is within two years of the date of the victim’s death. If a lawsuit is not filed before this deadline, a judge may dismiss the complaint, and the negligent party will not have to pay any losses.
Although two years may seem like a long time, it is almost always better to start the process and speak to a wrongful death attorney immediately. As soon as you hire a lawyer, they will investigate your loved one’s accident to collect critical evidence of fault that can quickly disappear, significantly improving your chances of getting justice and the compensation your family deserves.
Contact a New Rochelle Wrongful Death Attorney
Call the dedicated team of New Rochelle personal injury attorneys at Fiedler Deutsch, LLP, to arrange a free consultation to discuss your case. Our legal professionals are here to provide you with counsel and support during this difficult time. Call (914) 993-0393 or send us a message online today.