Wrongful Death Lawyers in White Plains, NY – Seek Justice for Your Lost Loved One
No one starts out their day with the intention of not eventually returning home. Unfortunately, the negligent and reckless actions of others often cause this to happen. When you lose a loved one due to someone else’s wrongful acts, it can be difficult figuring out how to move forward. While there’s no doubt a lot on your plate at the moment, it’s important that you act quickly to hold liable parties accountable. A wrongful death lawyer in White Plains, NY may be able to help.
At Greenspan & Greenspan, our team of legal professionals has over three decades of experience serving clients who have lost loved ones. There’s obviously nothing we can do to bring back someone you care about, but we can strive to lessen the burdens you’re facing going forward. Let us review your case — free of charge — and help you better understand your rights. Contact us today to schedule your confidential consultation.
What Is Wrongful Death in New York?
For the purpose of civil claims involving wrongful death, every state has its own definition for acts that fall into the category. In New York, wrongful death is any death caused by “a wrongful act, neglect, or default” that could have resulted in a personal injury case had the victim survived. This is a simple and straightforward definition, but these cases can still be complex. That’s because insurance companies will try to avoid paying out large settlements.
This means you can expect pushback in most cases — even when another party’s negligence was clearly to blame. This is understandable since damages in these cases often include medical expenses, lost wages, funeral costs, lost services (e.g., childcare), reduction in inheritance, and more. Pushback is also typically significant since New York is one of the few states that places no cap on pain and suffering damages.
As such, it may be in your best interest to have an experienced wrongful death attorney in White Plains, NY on your side.
Do You Have a Valid Wrongful Death Lawsuit?
After losing a loved one, you may wonder whether you have a valid wrongful death claim. After all, there are situations where people die and no one is to blame. There are also many cases where victims themselves are responsible for the incidents that lead to their demise. This is why you should speak with an attorney before making any major decisions. However, you’ll typically have a case if the following three elements exist:
- Duty of care: Everyone has a duty to avoid wrongful and negligent acts that could put other people in danger.
- Violation of duty: Engaging in any risky, illegal, or otherwise wrongful act is a violation of a party’s duty of care.
- Harm/damages: When a violation of duty leads to injuries, monetary losses, or other damages, liability likely exists.
These are the same three elements that must exist to prove liability in a White Plains, NY personal injury case. Simply understanding these three elements, however, does not make someone an expert in the matter. For instance, you may be entitled to compensation even if your loved one was substantially at fault for their accident. This is thanks to New York’s comparative negligence laws.
Put simply, you’ll typically be better served by speaking with a wrongful death lawyer in White Plains, NY. And since Greenspan & Greenspan offer free initial consultations, you have nothing to lose by learning more.
What Are the Leading Causes of Wrongful Death?
If you still have questions regarding a potential wrongful death claim, it helps to better understand common types of cases. While no two incidents are exactly alike, there are oftentimes commonalities between these situations. If you’ve lost a loved one under any of the following circumstances, there’s a solid chance that you may be entitled to compensation. The leading causes of wrongful death include:
- Car accidents
- Defective products
- Pedestrian accidents
- Criminal activity
- Nursing home abuse
- Workplace accidents
- Medical malpractice
- Motorcycle accidents
- Brain injuries
- Catastrophic injuries
If you have lost a loved one due to any of these reasons, it’s important to speak with a wrongful death lawyer in White Plains, NY as soon as possible. However, it’s crucial that you realize this list is not exhaustive. These are merely the most common causes of wrongful death in New York. People also lose loved ones to animal attacks, property neglect, chemical exposure, and other reckless acts on a daily basis.
If you’ve lost someone you love due to any wrongful act or negligence, contact our law firm for a free case evaluation today.
What Is the New York Wrongful Death Statute of Limitations?
Even though wrongful death cases are among the most serious legal claims a person could file, there’s still a deadline to submit paperwork. In New York, the statute of limitations for wrongful death is two years. Failing to file within this timeline will likely forfeit your right to do so. There are some exceptions to this rule, but they only exist in the rarest circumstances.
For instance, the statute of limitations is extended by six months in cases of medical malpractice. Those who lose loved ones to individuals with pending criminal cases also have up to one year to file following the completion of the criminal case. There are also exceptions when the sole beneficiary of a wrongful death award is an underaged person.
Even if you’re in one of these situations, though, it’s ideal to speak with a White Plains, NY wrongful death attorney as soon as possible to ensure your rights are protected.
Contact a Wrongful Death Lawyer in White Plains, NY Today
After losing a loved one, money typically isn’t the first thing on most people’s minds. However, this is something you cannot overlook. Depending on your situation, the loss of a loved one could leave you in a dire financial situation. And even if it doesn’t, failing to hold responsible parties accountable for their actions only excuses their reckless behavior. You and your loved one deserve justice, and a White Plains wrongful death attorney can assist in this endeavor.
At Greenspan & Greenspan, we’ve seen the difficulties that accompany the death of a loved one. In addition to emotional pain and loss of companionship, family members are often left to deal with funeral costs, burial expenses, sudden single-income living, medical bills, and other expenditures. When these result from someone’s wrongful actions, you may be entitled to compensation for both economic and non-economic damages.
Contact us today by calling (914) 946-2500 to schedule your free consultation.