Full logo Jeff Weiskops PC
914-350-5175

New York Wrongful Death Attorney

At Jeffrey Weiskopf, P.C., we understand the unimaginable grief that accompanies the sudden loss of a loved one. We are deeply committed to helping families who have suffered due to wrongful death seek the justice and compensation their cases deserve. With years of experience in handling wrongful death cases throughout New York, we focus on providing compassionate, thorough, and aggressive representation to those left behind after a tragedy, reassuring our clients of our unwavering dedication to justice. 

Our firm is conveniently located at 30 State St, Suite 2B, Ossining, NY 10562, and we are here to help you through every step of this difficult process. We offer a free consultation, a valuable opportunity to discuss your wrongful death case and understand your legal options. We encourage you to reach out to us at 914-350-5175 for support and guidance.

Defining Wrongful Death Under New York Law

Wrongful death occurs when a person loses their life due to the reckless, negligent, or intentional actions of another. In these tragic situations, surviving family members have the right to pursue legal action against the responsible party. New York law permits the personal representative of the deceased’s estate to bring a wrongful death claim on behalf of the family, with the goal of holding the responsible party responsible for their actions. 

Under New York’s wrongful death statutes, the key to such a claim is proving that the death resulted from the wrongful act or negligence of another and that the surviving family members or estate have suffered losses as a result. These losses could be financial, emotional, or both, and our job is to help you seek the compensation you are entitled to under the law.

New York's Wrongful Death Statutes

New York has clear legal guidelines when it comes to wrongful death claims. The law defines who can file a claim, the types of monetary damages that can be pursued, and the time limits within which these claims must be filed. Wrongful death cases are governed by Article 5 of the New York Estates, Powers, and Trusts Law, which lays out the requirements for proving liability and obtaining compensation. 

One important aspect of wrongful death claims is the statute of limitations. In New York, the statute of limitations for wrongful death cases is two years from the date of death. This means that the personal representative of the estate must file the lawsuit within that time frame, or the claim may be barred. There are certain exceptions, such as in cases involving criminal actions, where the timeline may differ. We make sure that your wrongful death claim is filed in a timely manner, so you and your family can focus on healing as our firm handles the legal aspects of your case.

Burden of Proof in Wrongful Death Claims

The burden of proof in a wrongful death claim lies with the plaintiff, which means that we, as your legal representatives, must demonstrate that the defendant’s actions directly caused your loved one’s death. This process involves proving several key elements, beginning with establishing that the defendant owed a duty of care to the deceased. This duty could be a medical provider’s obligation to provide appropriate care, a driver’s responsibility to obey traffic laws, or any number of other duties depending on the circumstances of the death.

We then need to prove that the defendant breached this duty of care, meaning they failed to act in a way that a reasonably prudent person or entity would have under similar circumstances. This breach must be directly linked to the fatal outcome, establishing that the defendant’s actions or inactions caused the death. Finally, we must show that the death resulted in quantifiable damages to the surviving family members or estate, such as lost income, medical costs, or emotional suffering.

Types of Fatal Accidents in New York

Fatal accidents occur from a variety of accidents and incidents where negligence or recklessness is a factor. The most common types of fatal accidents that may lead to wrongful death claims include:

  • Motor Vehicle Accidents: Car, truck, and motorcycle crashes caused by negligent drivers is a leading cause of wrongful death.
  • Medical Malpractice: Healthcare providers who fail to deliver proper care, resulting in the death of a patient, can be held accountable through a wrongful death claim.
  • Workplace Accidents: Fatal injuries sustained on the job, particularly in hazardous industries like construction, can form the basis of a wrongful death lawsuit.
  • Product Liability: Dangerous or defective products that lead to fatal injuries are grounds for holding manufacturers or distributors responsible.
  • Premises Liability: Property owners who fail to maintain safe conditions can be held liable for deaths caused by unsafe premises, such as fatal slips and falls or structural failures.

Each of these scenarios requires a detailed investigation to establish fault and determine liability. At Jeffrey Weiskopf, P.C., we handle these investigations with diligence and thoroughness, ensuring that every potential avenue for justice is pursued and making our clients feel secure in our process.

Who Can File a Wrongful Death Action in New York?

In New York, not just anyone qualifies to file a wrongful death lawsuit. The law requires that a wrongful death claim be brought by the personal representative of the deceased person’s estate. This is usually someone appointed by the Surrogate’s Court to manage the estate, which could be a family member or another appointed individual. While the personal representative is the one who files the lawsuit, the compensation recovered is meant for the benefit of the deceased’s surviving family members, including spouses, children, and parents.

Understanding who is eligible to bring a claim and who may benefit from any potential recovery is a critical aspect of wrongful death law, and we will work with you to ensure that your family’s rights are protected throughout the process.

The Wrongful Death Process in New York

The wrongful death process begins with an initial consultation, where we gather the details of your case and provide you with an understanding of your legal options. If we determine that a viable wrongful death claim exists, we will begin an in-depth investigation into the circumstances surrounding your family member’s death. This includes collecting evidence, obtaining witness statements, and consulting with experts as needed.

Once we have gathered the necessary information, our legal professionals will proceed with filing a wrongful death lawsuit in either New York State or Federal Court, depending on the jurisdiction of the case. From there, we will engage in the pre-trial process, which involves discovery, mediation, and negotiation. If a settlement cannot be reached, the wrongful death case will proceed to trial, where we will present your case to a judge and jury.

Should the trial result in an unfavorable outcome, there may be grounds for an appeal, and we are prepared to represent you throughout the appeals process if necessary.

Types of Compensation Available in New York Wrongful Death Claims

When pursuing a wrongful death claim, the goal is to recover financial compensation for the losses suffered by the surviving family members. In New York, compensation for wrongful death may include:

 

  • Economic Damages: These damages cover financial losses such as medical bills, funeral expenses, lost income, and the loss of benefits or inheritance that the deceased would have provided to their family.
  • Non-Economic Damages: While more difficult to quantify, these damages account for the emotional toll of losing a loved one, including loss of companionship, guidance, and the emotional pain endured by the surviving family members.
  • Punitive Damages: In cases where the defendant’s conduct was especially egregious or reckless, punitive damages may be sought to punish the wrongdoer and deter similar conduct in the future.
 

Our wrongful death law firm is dedicated to ensuring that you obtain the most compensation under New York law. We will work tirelessly to calculate and pursue every form of compensation that you are entitled to.

Why Choose Jeffrey Weiskopf, P.C.?

Losing a loved one is a very painful experience, and the idea of pursuing legal action during such a difficult time can feel overwhelming. However, having a dedicated and experienced attorney by your side is crucial. Wrongful death claims are complex and require careful attention to detail, as well as a deep understanding of the law. By working with our firm, you and your family can focus on healing while we handle the legal complexities of your case.

We have years of experience handling all types of wrongful death and personal injury cases, and we approach each case with compassion, commitment, and a focus on results. You deserve a team that is fully dedicated to your case, and we are here to provide the guidance and support you need.

At Jeffrey Weiskopf, P.C., we bring a wealth of experience to every wrongful death case we handle. Jeffrey Weiskopf is a skilled trial lawyer and negotiator who has recovered millions of dollars for clients through both litigation and alternative dispute resolution. We are committed to ensuring that you feel comfortable and informed throughout every step of the legal process. Our client-focused approach means that we work closely with you, keeping you involved and updated as your case progresses.

We offer a free consultation and case evaluation to all wrongful death clients so you can feel confident that you are making the right decisions for your family. If you have lost a loved one due to wrongful death, contact us today at 914-350-5175 to receive your free consultation.

Contact Our New York Wrongful Death Lawyers For Exceptional Representation

If your family has suffered the tragic loss of a loved one due to wrongful death, it is very important that you seek legal advice as quickly as possible. At Jeffrey Weiskopf, P.C., we are here to support you and fight for the justice you deserve. Contact us at 914-350-5175 to receive your free consultation, and let us help you hold the responsible parties accountable for their actions. We are located at 30 State St Suite, 2B, Ossining, NY 10562, and we are ready to assist you in your time of need.

New York Wrongful Death Lawsuit FAQs

Wrongful death happens when a person dies due to the negligent, reckless, or intentional actions of another party. In New York, a wrongful death lawsuit can be brought if the death resulted from circumstances like medical malpractice, motor vehicle accidents, workplace accidents, dangerous products, or hazardous property conditions. The key is proving that the death was caused by another party’s misconduct or failure to act responsibly.

In New York, only the personal representative of the deceased person’s estate is permitted to file a wrongful death lawsuit. This individual is usually appointed by the Surrogate’s Court to handle the estate’s affairs. However, the compensation from a successful wrongful death lawsuit is meant for the deceased’s surviving family members, including the spouse, children, and parents. It’s important to note that not all family members can directly file a lawsuit-only the personal representative of the estate has that legal right.

Damages that can be recovered in a wrongful death action in New York typically fall into two categories: economic and non-economic damages. Economic damages can include medical expenses incurred prior to death, funeral and burial costs, loss of income and benefits, and the what the deceased would have provided financially to the family. Non-economic damages cover emotional pain, loss of companionship, and the guidance that the deceased would have offered to family members. In some cases, punitive damages may also be pursued if the defendant’s actions were particularly reckless or malicious.

The statute of limitations for filing a wrongful death lawsuit in New York is generally two years from the date of the death. This means that the personal representative of the deceased’s estate must file the claim within this two-year window. There are certain exceptions to this rule, such as when the death involves criminal conduct, in which case the timeline may vary. It is crucial to consult with a wrongful death attorney as soon as possible to make sure your claim is filed within the required time frame.

The length of time it takes to resolve a wrongful death case in New York can vary significantly depending on the complexity of the wrongful death case, the willingness of the parties to settle, and the court’s schedule. Some cases resolve through settlement negotiations within only a few months, while cases may go to trial and take a year or longer. If an appeal is filed, the process could extend even longer. At Jeffrey Weiskopf, P.C., we work diligently to resolve wrongful death cases as efficiently as possible while ensuring that the best possible outcome is achieved.

Yes, it is highly recommended that you have a lawyer when filing a wrongful death lawsuit in New York. Wrongful death cases are legally complex and require substantial evidence, expert testimony, and detailed knowledge of New York law. An experienced wrongful death attorney can help guide you through the legal process, handle the complexities of your case, and work to secure the compensation you and your family deserve. At Jeffrey Weiskopf, P.C., we are dedicated to providing you with the legal support you need during this difficult time.

In some cases, punitive damages could be awarded in wrongful death claims in New York if the conduct of the responsible party was particularly egregious or reckless. These damages are intended to punish the wrongdoer and deter similar conduct in the future. While punitive damages are not always awarded in wrongful death cases, they may be pursued in cases where the defendant’s actions showed gross negligence or intentional misconduct.

Jeffrey Weiskopf, P.C.

Contact Us

Site Links

©2025 Jeffrey Weiskopf, P.C.  All rights reserved. Privacy Policy – Sitemap