Wrongful Death Lawyers in White Plains, NY

Can My Family Recover Damages for a Wrongful Death in White Plains?

The loss of a loved one is a devastating event. If their death was caused by the negligence of another party, you may be entitled to compensation. Wrongful death lawsuits can help families recover financial damages for various losses, including:

• Loss of income and support
• Loss of companionship and guidance
• Funeral and burial expenses
• Medical bills

Seek the assistance of a wrongful death lawyer who can help you recover the funds you are owed and create a sense of justice.

Common Wrongful Death Cases We Fight

Our legal team handles a wide range of wrongful death cases, including:

Car Accidents

Accidents involving cars, SUVs, vans, and other vehicles can lead to fatal injuries. We help families seek justice after a car accident death caused by negligent driving, distracted driving, or drunk driving.

Motorcycle Accidents

Motorcycle riders are particularly vulnerable in accidents due to the lack of protection. Our lawyers understand the unique complexities of motorcycle accidents and fight for the rights of families who have lost loved ones in these tragedies.

Truck Accidents

Commercial trucks are often involved in severe accidents that can result in fatalities. We have extensive experience handling wrongful death cases involving truck accidents caused by driver fatigue, improper loading, or vehicle maintenance issues.

Bus Accidents

Bus accidents can be catastrophic due to the high number of passengers involved. We represent families seeking compensation after a bus accident death caused by driver negligence, vehicle defects, or inadequate safety measures.

Bicycle Accidents

Bicycle accidents can have severe consequences, especially for vulnerable cyclists. We hold negligent drivers accountable for wrongful death cases involving bicycle accidents.

Pedestrian Accidents

Pedestrians are particularly vulnerable to traffic accidents. We help families seek justice after a pedestrian accident death caused by driver negligence, distracted driving, or unsafe road conditions.

Workplace Accidents

Workplace accidents can lead to fatal injuries due to dangerous conditions or employer negligence. We investigate and pursue wrongful death claims against negligent employers.

Construction Accidents

Construction sites can be hazardous environments, leading to fatal accidents. We help families recover compensation after a construction accident death caused by unsafe working conditions, inadequate safety equipment, or negligence on the part of contractors or developers.

Uber & Lyft Accidents

Rideshare accidents are increasingly common, and we help families seek justice after fatal accidents involving Uber or Lyft drivers.

Slip & Fall Accidents

Accidents involving slips, trips, or falls on someone else’s property can result in fatal injuries. We represent families who have lost loved ones due to poorly maintained premises or negligent property owners.

Premises Liability

Property owners have a duty to keep their property safe for visitors. We hold negligent property owners accountable for wrongful death cases caused by unsafe conditions or security breaches.

& More

In addition to the cases listed above, we handle a wide variety of other wrongful death claims, including product liability and other types of negligence.

Understanding Our Fee Structure in Wrongful Death Cases

At Tomkiel & Tomkiel, we understand the financial burden that wrongful death cases can place on families. That's why we work on a contingency fee basis. This means you will not pay any attorney fees unless we obtain a successful settlement or verdict for you. We believe everyone deserves access to justice, regardless of their financial situation.

Let’s Get the Justice Your Family Deserves

Don’t let a negligent party escape accountability for your loved one’s death. Contact our White Plains wrongful death lawyers today for a free consultation.

GET FREE CASE REVIEW

How Our Lawyers Approach Your White Plains Wrongful Death Case

Our attorneys are skilled negotiators and experienced litigators. We will meticulously investigate the circumstances surrounding your loved one's death, gather evidence, and build a strong case to fight for your rights. Our team will handle all aspects of the legal process, from initial consultations to settlement negotiations or trials.

The Law Behind Wrongful Death Cases

In New York State, wrongful death claims are based on the legal theory of negligence. This means that we must prove the other party acted negligently and that their negligence directly caused the death of your loved one. Our attorneys will carefully analyze the facts of your case to determine whether a wrongful death claim is viable.

Important Steps to Take After a Fatal Accident

Losing a loved one is a traumatic experience, and understanding the legal process afterward can seem overwhelming. Here are the steps you can take to protect your rights:

• Contact a Qualified Attorney: Seek legal counsel from a lawyer who focuses on wrongful death cases.
• Preserve Evidence: Do not discard any evidence that might be relevant to the case, such as photographs, videos, witness statements, or medical records.
• Keep Detailed Records: Maintain records of all expenses related to the death, such as funeral costs, medical bills, and lost wages.

It’s important not to speak to insurance agents without legal representation. Insurance companies may try to take advantage of you; it is crucial to have a lawyer advocate for your rights.

Who Benefits from Wrongful Death Compensation?

Compensation in a wrongful death lawsuit is typically distributed to the deceased's surviving spouse, children, parents, or other close relatives. The distribution of compensation will depend on the specific circumstances of the case and the laws of the state.

Justice Despite Fault: Seeking Compensation Even If Your Loved One Is Blamed

Even if your loved one is partially blamed for an accident, it doesn't necessarily mean that you can't seek justice or compensation. In New York, a concept called comparative negligence applies. This means that even if your loved one was partially at fault, you can still recover damages. 

However, the amount of compensation you receive will be reduced proportionally to their level of fault. Here's how it works:

Example: If your loved one was 20% at fault for the accident, you might only recover 80% of your damages. It's important to remember that even if your loved one was partially responsible, another party might still be significantly more at fault.

Our attorneys are skilled at analyzing the complexities of shared fault and will work diligently to build a strong case to maximize your family's compensation, even if your loved one is partially blamed.

Legal Deadlines for Filing a Wrongful Death Claim in White Plains

In New York, there is a strict statute of limitations for filing wrongful death lawsuits. This means you have a limited amount of time to file your claim after your loved one's death. The specific deadline is generally two years from the date of death.

If you fail to file your claim within the two-year window, it will be barred permanently, meaning you can no longer pursue compensation.

There may be exceptions to this rule, such as if you are a minor or are incapacitated. However, it's crucial to seek legal advice as soon as possible to ensure you are aware of all applicable deadlines.

Don't wait: Contact us as soon as possible after a fatal accident. We can review your situation, explain the deadlines that apply to your case, and take immediate action to protect your rights.