Yonkers Wrongful Death Lawyers

Your Trusted Advocates: How We Fight for You

At Tomkiel & Tomkiel, we understand your grief and your immense financial burdens. That’s why our dedicated Yonkers wrongful death attorneys are committed to providing comprehensive legal support every step of the way.

We’ll hold the responsible parties accountable for their actions. Here’s how we can help:

• Thorough Investigation: To build a strong case, we gather evidence such as accident reports, witness statements, medical records, and police reports.
• Identification of Liable Parties: We identify all responsible parties, whether it’s an individual, a business, a manufacturer, a government agency, or another entity.
• Accurate Damage Assessment: We meticulously calculate your losses, including lost wages, funeral costs, loss of companionship, and emotional distress.
• Aggressive Negotiation: We will fight aggressively to ensure your family receives a fair settlement from insurance companies.
• Experienced Litigation: If a fair settlement cannot be reached, we are prepared to take your case to court and fight for your family's rights.

We will fight to make sure you receive the justice and compensation you deserve.

Types of Wrongful Death Cases We Handle in Yonkers, NY

We have extensive experience handling a wide range of wrongful death cases, including:

Car Accidents

We hold negligent drivers accountable when their actions lead to fatal accidents. We understand the various complexities that can arise from these cases, whether the crash was caused by distracted driving or drunk driving.

Motorcycle Accidents

We fight for families who have lost loved ones in motorcycle accidents due to negligent drivers or dangerous road conditions.

Truck Accidents

We have extensive experience handling wrongful death cases involving truck accidents caused by driver fatigue, improper loading, or vehicle maintenance issues. We hold trucking companies and negligent drivers accountable for their actions.

Bus Accidents

We represent families seeking compensation after a bus accident death caused by driver negligence, vehicle defects, or inadequate safety measures. We understand the complexities of multi-party liability in bus accidents and fight to ensure all responsible parties are held accountable.

Slip and 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.

Construction Accidents

Construction sites can be hazardous environments that lead 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.

Bicycle Accidents

We hold drivers accountable when their negligence causes the death of a biker. We recognize the vulnerability of cyclists and fight to ensure their families receive fair compensation for their losses.

Pedestrian 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, holding them accountable for their failure to provide safe working conditions for their employees.

Product Liability

We fight for families who have lost loved ones due to defective products, such as faulty appliances, malfunctioning vehicles, or dangerous toys. We hold manufacturers and sellers responsible for producing and distributing safe products.

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.

If your specific case isn’t listed here, that doesn’t mean we don’t handle it! Contact us for a consultation to learn how we can fight for justice for your family.

No Fees Until You Win: Our Contingency Structure

We understand that dealing with the death of a loved one is overwhelming, both emotionally and financially. That’s why we work on a contingency fee basis, meaning you only pay us if we successfully obtain compensation for your family. This means we share the risk with you, and we are fully invested in achieving the deserved outcome for your family.

During your free consultation, our attorneys will explain our fee structure in detail so you can make an informed decision without any financial pressure.

Suffering from the Loss of a Loved One?

Don’t deal with this tragedy alone. Contact Tomkiel & Tomkiel for a free consultation. We’ll fight for justice and compensation for your family.

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Legal Requirements for a Yonkers Wrongful Death Claim

To successfully pursue a wrongful death claim, it’s essential to understand the legal elements involved. Here are the key factors that must be proven in a wrongful death case:

• Duty of Care: The at-fault party (the defendant) owed the deceased a legal duty of care to act with reasonable care to avoid causing harm.
• Breach of Duty: The defendant breached their duty of care by acting negligently or recklessly, resulting in the deceased's death.
• Causation: The defendant's negligence or recklessness directly caused the death of your loved one.
• Damages: The surviving family members suffered losses as a result of the death, such as loss of income, funeral expenses, emotional distress, and loss of companionship.

The specific details of your situation — including the nature of the accident, the defendant’s actions, and the extent of your family’s losses — play a crucial role in determining whether you have a valid claim.

Who Can File a Wrongful Death Claim in Yonkers, NY?

In Yonkers, only specific individuals are entitled to file a wrongful death claim. These individuals may include:

• Spouse: The surviving spouse of the deceased.
• Children: The surviving children of the deceased.
• Parents: If the deceased was unmarried and without children.
• Other Dependents: Other individuals who were financially dependent on the deceased, such as siblings or other relatives.
• Executor of the Decedent’s Estate: If the deceased had a will.

To learn whether you are eligible to bring forward a wrongful death claim, contact our firm today.

Getting Compensation After a Wrongful Death

If your loved one’s death was caused by someone else’s negligence, your family may be entitled to compensation for your losses. 

This includes economic damages, which are losses that carry a specific dollar amount and can entail:

• Medical Expenses: This includes costs for the deceased's medical care before their death.
• Lost Wages: This encompasses the deceased's lost income and future earnings that the family would have received.
• Funeral Expenses: The costs associated with the funeral, burial, or cremation.

The family may also be eligible to pursue non-economic damages, which are intangible losses that may include:

• Pain and Suffering: This includes the emotional distress, mental anguish, and grief experienced by the family.
• Loss of Companionship: This compensates for the loss of companionship, love, and support provided by the deceased.
• Loss of Services: This covers the loss of services the deceased provided to the family, such as household chores, childcare, or financial management.

Our attorneys will help you identify all forms of compensation you may be eligible for and fight for them to the best of our ability.

Steps to Take After a Wrongful Death

After a tragic loss, it’s essential to take the right steps to protect your legal rights. Here’s what you should do:

• Preserve Evidence: If possible, collect any relevant evidence, such as photos of the accident scene, witness contact information, and police reports.
• Don't Speak to Insurance Companies: Avoid speaking with insurers before consulting an attorney. They may try to obtain statements that could harm your case.
• Keep Records: Maintain detailed records of all expenses related to the death, including medical bills, funeral costs, and lost wages.

But before you do anything else, contact Tomkiel & Tomkiel to discuss your family’s legal options. We will provide the guidance and support you need during this difficult time.

Statute of Limitations for Wrongful Death Cases in Yonkers

In New York, the statute of limitations for wrongful death claims is two years from the date of death. It is necessary to file your claim within this time frame, or you could risk losing your right to seek compensation.