White Plains Wrongful Death Attorney
It is tragic when a life is lost through the negligence of others. This can happen in many different ways, such as on the operating table, from a defective product, or in a White Plains car accident. Wrongful death cases arise from White Plains nursing home abuse, surgical errors, misdiagnoses, the list continues. However it occurs, it is devastating for the victim’s loved ones. If you have lost someone you love due to the reckless act of another, discuss your legal options with a White Plains wrongful death attorney at Fiedler Deutsch, LLP. Call (914) 993-0393 or reach us online to set up a free consultation.
Why Our Firm Should Represent Your Family
- Our team can guide you through the wrongful death claim process with sensitivity and compassion.
- We have more than 50 years of combined experience successfully fighting for victims and their families.
- Client care is our top priority, and your needs come first.
What Is a Wrongful Death Lawsuit?
Outside of the emotional impact, wrongful death can have a drastic effect on the finances of family members left behind. This is why there are wrongful death laws in New York that allow a claim to be filed for compensation from the at fault party.
Per New York Estates, Powers, and Trusts Law EPT § 5-4.1, the loss of a loved one is considered a wrongful death if the following five elements are present:
- A death,
- Caused by another party’s wrongful act,
- A personal injury lawsuit could have been pursued in court had the deceased lived,
- The deceased’s family members have suffered losses as a result of the death, and
- There are damages the estate can recover.
In White Plains, a personal representative of the deceased’s estate has the ability to file a wrongful death claim on behalf of the deceased’s heirs, beneficiaries, or devisees. The personal representative can either be a legal representative or a trusted friend or family member of the deceased’s estate.
Types of Damages in White Plains Wrongful Death Claims
People can recover damages for wrongful death cases regarding a plethora of fatal accidents. For example, damages are recoverable after a White Plains truck accident. The types of damages that are often awarded in a White Plains wrongful death claim include:
- Reasonable medical expenses required to treat the victim’s final injury.
- Funeral, cremation or burial costs.
- Lost wages the victim was earning, and would have earned in the future.
- Reduction in the inheritance suffered by surviving children.
- Loss in parental guidance the deceased would have provided if they reached their anticipated life expectancy.
- Support and services that the victim provided, such as childcare.
- Conscious pain and suffering the deceased endured due to his or her injuries.
- Nine percent interest on top of the damages award, calculated from the date of death.
New York does not allow surviving family members to recover damages for their own pain and suffering, emotional distress or loss of companionship.
Time Limit for Filing a White Plains Wrongful Death Lawsuit
A rule known as the statute of limitations, limits the time that surviving family members have to file a wrongful death claim. In New York, a wrongful death lawsuit must be filed within two years of the date of the deceased’s passing. After two years have passed, you may be barred from recovering any compensation.
Discuss Your Case with a Seasoned White Plains Wrongful Death Lawyer
Let us help you shoulder the legal burdens that are left after the wrongful death of a loved one. Begin with a free consultation today, by calling (914) 993-0393 or contacting us online.