Have you lost a loved one due to someone’s negligence?

The unexpected death of a loved one is a tragedy that no one can prepare for. If the loss is the result of someone else’s negligence or wrongdoing it may feel even more difficult to bear. At Denlea & Carton, we understand that money will not make your family whole again. However, we will fight to get the justice your loved one deserves and the compensation you may be entitled to recover.

Our wrongful death lawyers have recovered tens of millions of dollars for clients.

We will not rest until you get the maximum recovery available for your loss

What is wrongful death?

When a person or organization’s negligence, carelessness, or misconduct causes the death of another person, wrongful death occurs. There are many situations that for which you can file a wrongful death lawsuit, including:

  • Medical malpractice
  • Automobile accident
  • Employment accident
  • Defective products
  • Nursing home negligence

What do I have to prove in a wrongful death lawsuit? 

Wrongful death claims must meet several key elements in order to be filed in New York. Your claim needs to demonstrate the following:

  • A loved one died
  • Another person or organization caused the death through negligence or an intention to cause harm
  • That the death caused you or other family members to suffer financially 

We use our expertise to help you understand the nuances and needs of your specific claim.

Is there a wrongful death statute of limitations?

The law stipulates that, in New York, you must commence a suit within two years of your loved one’s death. There are a few exceptions, including death caused by the September 11th terrorist attacks and cases that include a criminal action against the defendant. 

The time after a loved one’s death can be one of confusion. Acting on a claim in a timely manner may feel overwhelming. You do not have to do this work alone. Our wrongful death attorneys are here to help you through hardships and confusion.

Can I file a wrongful death lawsuit?

Wrongful death lawsuits can be filed on behalf of the victim’s survivors, in accord with New York law.

Those that could be eligible to file a claim are:

  • Children
  • Spouses
  • Parents
  • Putative spouses
  • Financial dependents 
  • Distant family members 

For any claim, the survivors must show that the death caused them to suffer damage.

What kinds of damages can I recover in a wrongful death claim?

In wrongful death litigation, you can recover both economic and non-economic damages. While New York law prohibits family members from recovering damages based on their own pain and suffering, there are other damages for which you can sue in case of wrongful death. These include:

  • Medical expenses
  • Funeral costs
  • Lost wages
  • Pain and suffering of the deceased

Why should I hire a wrongful death lawyer?

The legal proceedings surrounding a wrongful death claim can be long and complicated. Working with a wrongful death attorney means that you do not have to go through the process alone. You will have support, guidance, and advocacy from lawyers who know the system and can manage many of the overwhelming elements of a claim. Our wrongful death lawyers:

  • Determine reasonable compensation for economic and non-economic damages 
  • Prepare and file necessary paperwork
  • Meet critical deadlines
  • Prepare expert testimony
  • Handle communications with insurance companies and other corporations
  • Represent your best interests in court 

We will help you and your family navigate the challenge of losing a loved one. We are committed to providing our clients with compassion and attention and will always fight for the largest recovery available in your case. Our White Plains wrongful death lawyers are both experienced trial lawyers and staunch advocates for victims of negligence and wrongdoing. We can help you understand the legal process and your rights. Let us help you start your claim today.

Is there a wrongful death lawyer near me?

Our law firm has a wrongful death lawyer near you. We know that working with an attorney near you can make a difference. Our lawyers appear regularly in the State and Federal Courts in White Plains and are very familiar with and knowledgeable about them. Being near you also allows us to visit with you in the hospital and at home, and you are always welcome in our office. 

We are a wrongful death law firm and our lawyers are waiting to help you. We work throughout the Westchester County area, including White Plains, Mount Vernon, New Rochelle, Ossining, Port Chester, and Yonkers, as well as the rest of Westchester County and the surrounding counties of Albany, Orange, Dutchess, Rockland, Putnam and Sullivan.