Poughkeepsie Wrongful Death Attorney

Lost a Loved in an Accident? Let Our Firm Help You & Your Family

Nothing can undo the death of a loved one. When a person dies due to the negligence or wrongful conduct of another person or entity, the victim's family may be entitled to financial compensation. In New York, a family member who has lost a loved one due to another person's wrongful conduct may be able to file a wrongful death claim.

At Basch & Keegan LLP, our Kingston wrongful death lawyer can advise you of your rights and can help you navigate the legal process. Our compassionate team can help you obtain the justice and compensation you deserve.

Call (845) 251-4545 or contact us online today for a free consultation.

What is "Wrongful Death"?

In New York, a family member may be able to file a wrongful death claim if the victim's death was caused by the wrongful conduct of another person or entity.

Wrongful conduct may include:

• Vehicle accidents
• Slip and falls
• Nursing home abuse
• Defective products
• Workplace accidents
• Medical malpractice
• Other forms of negligence

In New York, a wrongful death claim may be filed by the deceased's "surviving spouse, children, or parents." If the deceased did not leave behind any surviving family members, the state of New York may be able to file a claim on behalf of the deceased's estate.

Who Can File a Wrongful Death Claim in New York?

Under New York law, the personal representative of the deceased person's estate is typically the one who files the wrongful death lawsuit. However, certain family members, such as the surviving spouse, children, or parents, may also have the right to bring the claim.

To succeed in a wrongful death claim, the plaintiff must prove four main elements:

1. The death of a person
2. The defendant's negligence, recklessness, or intentional act that caused the death
3. The defendant's liability for the death
4. The damages suffered by the surviving family members as a result of the death.

If the deceased did not leave behind any surviving family members, the state of New York may be able to file a claim on behalf of the deceased's estate.

In New York, the statute of limitations for filing a wrongful death claim is two years from the date of the victim's death. If you have any questions or concerns about your eligibility to file a wrongful death claim, please contact our firm for a consultation.

What Damages are Available in a Wrongful Death Claim in New York?

There are two types of damages: economic and non-economic damages. 

Economic damages cover the financial losses resulting from the death, such as medical expenses, funeral and burial costs, loss of the deceased person's income and benefits, and the value of services they would have provided.

Non-economic damages refer to the intangible losses suffered by the surviving family members, such as emotional distress, pain, and suffering, and loss of companionship, guidance, and support.

In some cases, the surviving family members may also be able to recover punitive damages. Punitive damages are designed to punish the wrongdoer for their wrongful conduct and to deter others from engaging in similar conduct in the future.

How a Wrongful Death Lawyer in Poughkeepsie Can Protect Your Family & Rights

At Basch & Keegan LLP, our wrongful death lawyer in Kingston can provide you with compassionate and dedicated legal representation. In many cases, the surviving family members may not be able to work due to their grief. When this is the case, our firm can take on the burden of managing your wrongful death claim so that you can focus on your family.

If you have lost a loved one due to another person's wrongful conduct, you deserve to be compensated for your losses. Call (845) 251-4545 or contact us online to schedule a free consultation.