Wrongful Death

Wrongful Death Attorney in Kingston, New York

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Losing a loved one because of another person’s negligence is one of the most harrowing and emotionally distressing things a family can experience. In addition to processing grief, you must deal with the confusion and anger that arises in cases of wrongful death.

Wrongful death may include any instance in which a person’s death is caused by the negligent actions of someone else. At Basch & Keegan LLP, our Kingston wrongful death lawyers are committed to helping those left behind by negligence recover compensation.

We understand that no amount of money can bring back your loved one, but pursuing a wrongful death claim can alleviate the financial damages that have resulted. Additionally, you may be entitled to compensation for non-economic damages.

For a free consultation with our Hudson Valley legal team, complete our contact form or call (845) 251-4545 to schedule a free consultation.

New York Wrongful Death Law Helps Families After Fatal Accidents

When a person loses their life in an accident and cannot bring a personal injury claim on their own behalf, New York law allows the personal representative of the deceased person’s estate to seek compensation from the party or parties responsible for the death.

There are five elements that need to be established:

  1. A death
  2. Death is caused by the wrongful conduct of the defendant
  3. Giving rise to a cause of action the deceased person could have pursued if death had not occurred
  4. Survival of one or more persons who suffered a loss as a result of the death
  5. Damages the estate can recover

When damages are awarded in a wrongful death lawsuit, the personal representative recovers the amount on behalf of the deceased person’s surviving family members (those who actually receive the award).

Wrongful Death Damages Cover the Loss of Income and Support

Successful wrongful death claims allow the families of victims to cover the costs that have resulted from the death of their loved one, including funeral and burial expenses and remaining medical bills. In addition to providing compensation for these direct costs, wrongful death settlements often provide compensation that accounts for decreased financial support in the aftermath of a death.

A settlement may replace the income that the deceased was providing to their family in life or include resources that will cover childcare and other services that are needed in the absence of the deceased. In many cases, wrongful death claims also provide compensation for non-economic damages such as pain and suffering.

The Kingston wrongful death attorneys of Basch & Keegan LLP are dedicated to helping your family get the full amount of compensation you deserve. We handle the legal process so you will not have to worry while grieving the loss of your loved one.

What is the Average Wrongful Death Settlement?

Although it is difficult to determine what a wrongful death settlement will look like in your particular case, the average settlement can range anywhere from $500,000 to more than $1 million. Some settlements may be more or less than that average. There are so many factors that will determine this, however, and working with a dependable wrongful death attorney is your best opportunity of obtaining the maximum compensation you deserve for the loss you and your family has suffered.

A settlement amount is determined based on a number of factors, including:

  • Deceased person's age
  • Deceased’s earning capacity
  • State of health of deceased prior to death
  • Deceased’s income at time of death
  • Left behind dependents' age and circumstances
  • Deceased’s education and training
  • Medical bills incurred for the deceased
  • Costs of funeral
  • Value of lost benefits

Filing a Wrongful Death Lawsuit in New York

There are a number of considerations to make when filing a wrongful death lawsuit or settling the case. New York State's statute of limitations is the first element to consider. In New York, you only have two years from the victim's death to file the lawsuit. This is a strict time limit with very few exceptions.

Although the possibility of the case going to trial is real, most result in a settlement. When settling a wrongful death case, however, it is important to be patient as the process can take many years. Our wrongful death attorneys can help move the case along as efficiently and as effectively as possible.

How to Find a Wrongful Death Attorney

Losing a loved one is never easy, and if their death was the result of someone else's negligence or intentional harm, it can be especially devastating. If you believe that your loved one's death was the result of wrongful actions, it's important to find a qualified wrongful death attorney to help you seek justice and compensation.

Here are some tips for trying to find the right wrongful death attorney for your case:

  • Ask for Referrals: Ask family members, friends, or colleagues if they know of any reputable wrongful death attorneys. Personal referrals can be valuable because they come from people you trust and who have had firsthand experience with an attorney.
  • Do Your Research: Use online resources to find wrongful death attorneys in your area. Look for attorneys who have experience handling wrongful death cases and who have a good reputation in the legal community. Check their online reviews and any awards or accolades they have received.
  • Check Their Credentials: Once you have a list of potential attorneys, check their credentials. Look for attorneys who have experience handling wrongful death cases.
  • Review the Fee Structure: Most wrongful death attorneys work on a contingency fee basis, meaning they only get paid if you win your case. However, it's important to understand the fee structure and any additional costs associated with your case before you sign a contract.
  • Schedule a Consultation: At Basch & Keegan LLP, we offer free consultations. Take advantage of this to meet with our attorneys and discuss your case. During the consultation, ask about our experience, fees, and our approach to handling wrongful death cases.

Don’t Wait. Call Us NOW!

If you have lost a loved one in an accident, Basch & Keegan LLP can help ensure your family’s rights are protected. We handle complex matters, and we’ll never simply settle your claim and move on to the next client — our goal is to achieve the result you need and deserve.

Please contact our wrongful death lawyers in Kingston, New York to schedule a free initial consultation with one of our lawyers — send us a message or call (845) 251-4545.


Client Testimonials

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    “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.”

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What sets us apart?

  • 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.

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