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Wrongful Death Lawyers in Westchester, NY

The unexpected loss of a loved one is heartbreaking. Our Westchester wrongful death attorneys will compassionately handle your case so you can focus on healing while we pursue the justice you deserve.

Stanley A. Tomkiel, IIIMatthew Tomkiel
Wrongful Death
  • Prenatal and Perinatal Care Complications


    Cerebral Palsy suffered by triplets due to medical malpractice in their prenatal and perinatal care and treatment.

  • birth injury


    Verdict for child and parent for Brainstem injury with developmental delays resulting from mismanagement of shoulder dystocia during delivery of newborn.

  • Diagnostic Delay Case


    Delayed diagnosis of meningitis in toddler causing hearing loss with cochlear implants.

Table Of Contents

Can I Seek Compensation for My Loved One’s Death in Westchester County?

If your loved one died due to another party’s negligence, you may be able to seek compensation through a wrongful death lawsuit.

New York law designates the personal representative of a decedent’s estate as the only person able to file a wrongful death claim. This is often a close family member such as a spouse, parent, or child.

A successful wrongful death claim in Westchester County can provide compensation for:

  • Medical expenses related to your loved one's final injury or illness.
  • Funeral and burial expenses.
  • Lost wages and benefits the deceased would have earned.
  • Loss of support and services (like childcare or household tasks).
  • The emotional suffering of designated surviving family members.

Navigating the complex laws around wrongful death can be difficult while you’re grieving. Thankfully, our Westchester wrongful death lawyers are here to guide you every step of the way, offering compassionate legal support while pursuing the maximum compensation you deserve. Our team is full of highly qualified legal professionals, including attorneys who have been awarded the prestigious Super Lawyer designation.

Who Receives Compensation in a NY Wrongful Death Lawsuit?

The following individuals are usually entitled to receive compensation in a Westchester wrongful death case:


A surviving spouse has a right to compensation for the loss of support, companionship, and services their spouse provided.


Children of the deceased can receive compensation for the economic and emotional losses they experience.


In certain situations, such as if the deceased did not have a spouse or children, their parents may be entitled to compensation.

The court carefully determines how the compensation from a wrongful death lawsuit is distributed to ensure fairness among the beneficiaries. The specific amounts each person receives will depend on factors like their financial dependence on the deceased and the strength of their relationship.

How Our Lawyers Handle Your Wrongful Death Suit

Our compassionate Westchester wrongful death attorneys understand that you need time to heal after losing a loved one to a preventable tragedy. That’s why we handle all the complex legal aspects of your wrongful death suit, allowing you to focus on your family and well-being.

Here’s how we can help:

Investigating Your Case:

We'll meticulously gather evidence, including police reports, medical records, and witness statements, to build a strong case on your behalf.

Identifying All Liable Parties

We'll explore all avenues for compensation, including individuals, companies, insurers, and/or government entities.

Calculating Your Losses

We carefully assess both the economic impact (lost income, medical bills) and the intangible losses (pain and suffering) you and your family have endured.

Handling Insurance Companies

We'll handle all communications with insurance companies, aggressively negotiating for a fair settlement that reflects the full extent of your losses.

Representing You in Court

If we can’t reach a settlement, we're prepared to take your case to court and fight for the justice you deserve.

From start to finish, you can trust our Westchester wrongful death lawyers to represent you with the utmost professionalism and vigor. We will fight for your loved one’s legacy to accomplish justice and the financial support you need to make it through this difficult time.

No Upfront Costs: How Contingency Fees Work in Wrongful Death Cases

We understand that financial worries can be overwhelming after the unexpected loss of a loved one. That’s why we work on a contingency fee basis, which means:

  • No Upfront Legal Fees: You won't need to pay any out-of-pocket costs to hire us.
  • We Share the Risk: Our payment is contingent on winning your case — if we don't secure compensation for you, you owe us nothing.
  • Our Interests Are Aligned: A contingency fee structure ensures that we're fully invested in fighting for the maximum compensation possible.

Typically, wrongful death lawyers are paid a percentage of the settlement or court award you receive. This percentage is agreed upon in advance and outlined in a clear contract.

To provide complete transparency, we offer free consultations to discuss your wrongful death case and explain our fee structure in detail. This allows you to make an informed decision without any financial pressure.

Fight for Your Deserved Compensation

Don’t let those responsible for your loved one’s death avoid accountability. Our team is ready to aggressively pursue the justice you’re entitled to. Call us now for a free case evaluation.


Understanding the Legal Basis of Wrongful Death Claims

While nothing can bring back your loved one, a wrongful death claim allows you to hold the responsible parties accountable and seek financial compensation for your losses.

Key Elements of a Wrongful Death Claim

To win a wrongful death case in Westchester, you must prove the following:

  • Negligence or Wrongful Act: Someone's careless, reckless, or intentional actions directly caused your loved one's death.
  • Damages: You and your family have suffered real losses, including financial costs, lost income, and emotional suffering.
  • Right to File: You are the designated personal representative of your loved one's estate, giving you the legal standing to bring the lawsuit.

While these elements may seem challenging to demonstrate, a qualified wrongful death attorney can help you seamlessly file and present your case.

Types of Wrongful Death Cases We Handle in Westchester

A fatal accident can happen in many different circumstances, but we have the experience and determination to help you seek justice regardless of the cause.

Car Accidents

Reckless driving, drunk driving, or distracted driving can all lead to devastating accidents. We’ll work to hold negligent drivers accountable.

Motorcycle Accidents

Motorcyclists are especially vulnerable on the road. We’ll fight for the rights of families who have lost a loved one in a motorcycle crash.

Truck Accidents

Accidents involving large commercial trucks can have catastrophic consequences. We have the resources to investigate complex trucking company liability.

Bus Accidents

If negligence by a bus company or driver caused the accident, we have the skills needed to pursue the maximum compensation available.

Bicycle Accidents

We advocate for families of bicyclists who have been fatally injured due to careless drivers or unsafe road conditions.

Uber & Lyft Accidents

Rideshare services introduce unique insurance questions. Our team can navigate these complexities to protect your rights.

Workplace Accidents

Fatal workplace accidents can result from safety violations or defective equipment. We’ll seek justice for your loss.

Construction Accidents

Construction sites present numerous hazards. We’ll hold negligent contractors and other parties responsible for avoidable fatalities.

Scaffolding Accidents

Falls from unsafe scaffolding can be deadly. We’ll explore all avenues for compensation.

Slip & Fall Accidents

Dangerous property conditions can lead to fatal slip and fall injuries. We’ll fight to hold property owners accountable.

Premises Liability

This covers a wide range of accidents where property owners failed in their duty to keep visitors safe.

& More

This list is not exhaustive. If your loved one died due to someone else’s wrongdoing, contact us for a free consultation.

Navigating the Aftermath of a Wrongful Death: What to Do Next

While we can’t take away your grief, we can help ease some of your practical burdens. Here are some important steps to consider:

  • Handle Immediate Needs: Address essential arrangements for your loved one's funeral or memorial service.
  • Take Time to Grieve: Don't feel pressured to rush back to everyday life — allow yourself time to process your emotions and seek support from loved ones or a grief counselor.
  • Prioritize Self-Care: Maintain healthy habits as best you can, especially when it comes to sleep, food, and gentle exercise.
  • Gather Information: If possible, collect any documentation related to the accident, such as police reports, medical records, and witness contact information.
  • Consult a Wrongful Death Attorney: An experienced lawyer can explain your legal rights, assess whether you have a wrongful death claim, and handle the complexities of the case on your behalf.
  • Don't Sign Anything: You may receive calls from insurance companies — don't sign any documents or make recorded statements without first consulting a lawyer.

Navigating these steps while grieving is incredibly difficult. That’s why our empathetic Westchester wrongful death attorneys are here to guide you, offering both legal proficiency and emotional support.

Wrongful death attorney Westchester NY

Can You Still Seek Justice If Your Loved One Is Blamed?

Losing a loved one in a tragic accident and then facing accusations that they were somehow to blame is a devastating scenario. However, it’s important to understand that even if your loved one was partially at fault, you might still have a wrongful death claim.

NY follows comparative negligence rules, which means that you can still pursue compensation if your loved one was partially to blame, but the financial award would be reduced by their percentage of fault. For example, if your loved one is found to be 20% at fault for the incident that took their life, compensation would be reduced by 20%.

For this reason, insurance companies often try to pin as much blame as possible on the victim to mitigate their losses. An experienced wrongful death attorney will:

  • Thoroughly investigate the accident to challenge unfair assessments of fault.
  • Fight for a fair evaluation of your loved one's degree of responsibility.
  • Protect your right to recover the maximum compensation possible.

Don’t let accusations against your loved one prevent you from seeking the justice you deserve. Schedule a free consultation with our wrongful death attorneys in Westchester to discuss your case and your options.

Time Is Critical: Filing Deadlines for Wrongful Death Lawsuits in Westchester

In New York state, wrongful death lawsuits are usually subject to a strict statute of limitations. Typically, you have two years from the date of your loved one’s death to file a lawsuit. However, certain circumstances can shorten or extend this deadline, including cases of medical malpractice, deaths of minors, or when the defendant leaves the state of New York for an extended period.

To ensure you don’t run afoul of any special circumstances, it’s crucial to meet with a wrongful death attorney immediately.

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Why Trust Your Wrongful Death Case with Tomkiel & Tomkiel

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