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.
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:
- The death of a person
- The defendant's negligence, recklessness, or intentional act that caused the death
- The defendant's liability for the death
- 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.
This firm will fight for you and get results! We cannot recommend them enough!
“Above everything, John and Katie showed genuine concern for me and my family. It’s clear how passionate John is about his work and doing what’s best for his clients.”
I will certainly recommend Maureen Keegan in the future!
“Throughout the 2+ years, Maureen Keegan continued to persevere on my behalf, contacting doctors, etc. and continually informing me of the status of my case.”
Helpful & Honest
“John was quick to respond, helpful and honest regarding my situation and the questions I had. Also easy to talk to which is always appreciated!”
Derek was extremely helpful and informative through every step of the way.
“Everyone in the firm was pleasant. Thank you for helping to achieve this victorious win! I highly recommend this amazing firm!”
Extremely helpful law firm and staff
“Extremely helpful law firm and staff...John and his staff nothing but the best.”
Here to Help Win the Fight
Backed by our experience and insight, we’ve become known for taking on the toughest claims. If you or someone you love has been injured by the negligence or wrongful acts of another, we’re here to help you fight for the justice you deserve.
HERE TO HELP Get Results
At Basch & Keegan LLP, we have the resources and experience to help victims level the playing field with even the most powerful adversaries – and we have the record of success to back it up.
HERE TO HELP When You’re Hurt
We serve as the support system you can rely on as you begin your recovery. We go the extra mile to ensure you can focus on getting better while we work on the legal aspects of your claim.
HERE TO HELP Regardless of Who You Ask
We place an emphasis on personal attention. This approach allows us to create legal strategies custom-tailored to each client’s unique circumstances and has earned us the respect of our peers.
HERE TO HELP The Community
Our Kingston-based lawyers have deep roots in the community and a lengthy history of giving back to Ulster County. When the community needs us, we are always here to help.