Westchester Wrongful Death Attorneys — Seeking Justice for Your Loved One

Losing a loved one due to someone else’s negligence is devastating. We know no lawsuit can make the loss easier, but a wrongful death claim can seek accountability and the financial stability your family needs. Our Westchester wrongful death lawyers provide compassionate counsel, clear answers, and strong advocacy from our White Plains office.

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Woman comforts a man on a stone bench near a building entrance, both in black clothing, somber expressions.
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Who Can File a Wrongful Death Claim in New York?

In New York, the claim is filed by the personal representative of the deceased person’s estate on behalf of eligible family members. Beneficiaries typically include a spouse, children, and parents (and in some cases other dependents). If an estate representative has not yet been appointed, we’ll guide your family through that process so the claim can be properly brought.


What Must Be Proven (The Legal Basics)

To prevail in a wrongful death case, we generally establish:



  • A wrongful act, neglect, or default by another party
  • The decedent’s death was caused by that conduct
  • Surviving family suffered economic losses (and other legally permitted damages)
  • A personal representative has been appointed for the estate

Damages in New York Wrongful Death Cases

New York law focuses on economic losses to the family, plus any damages the decedent suffered before passing:



  • Funeral and burial expenses
  • Loss of financial support and household services the decedent would have provided
  • Loss of parental guidance to surviving children
  • Conscious pain and suffering of the decedent prior to death (pursued via a related survival claim)


Note: New York historically does not permit recovery for survivors’ grief or emotional anguish. We’ll explain the current law and how it applies to your family’s case.

How We Can Help Your Family

  • Sensitive, steady guidance — We handle the legal burden so you can focus on healing.
  • Thorough investigation — We secure evidence, consult experts, and evaluate liability across all potential defendants (e.g., drivers, employers, property owners, medical providers).
  • Full valuation — We document lifetime earnings, benefits, and services to present a complete picture of your loss.
  • Resolution strategy — We pursue fair settlements where possible and are prepared for litigation when necessary.

Common Causes of Wrongful Death We Handle

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Understanding New York Deadlines (Statute of Limitations)

Time limits matter, even in the midst of grief. In many New York wrongful death cases, the statute of limitations is generally two years from the date of death. Certain cases may have shorter deadlines (for example, claims involving municipalities require early notice), and related survival claims can follow different timelines. When you’re ready, we’ll review your specific deadlines and preserve your rights.

Our Process–What to Expect

Confidential consultation

We listen to your story, outline options, and discuss next steps

Estate setup

If needed, we help obtain appointment of the personal representative.

Investigation

We collect records, interview witnesses, and work with economic and medical experts.

Claim and negotiation

We present a detailed damages analysis and engage insurers and defense counsel.

Litigation and resolution

If a fair settlement isn’t offered, we file suit and prepare for trial while continuing settlement discussions.

Wrongful Death Claims in New York

  • What is a wrongful death claim?

    It’s a civil claim seeking compensation when a person’s death is caused by another’s negligence or wrongdoing. It’s separate from any criminal case that prosecutors may bring.

  • How is a wrongful death lawsuit different from a survival action?

    A wrongful death claim seeks the family’s economic losses; a survival action (brought by the estate) seeks damages the decedent could have claimed had they lived, including conscious pain and suffering before death.

  • Who decides how a settlement is distributed among family members?

    The court reviews and approves distributions based on New York law and the family’s circumstances. We prepare a proposal and supporting documentation for the court.

  • Will my case go to trial, or can it settle?

    Many cases settle outside court, but we prepare each matter as if it will be tried to ensure we’re ready for every outcome.

  • How long do wrongful death cases take?

    Timelines vary based on investigation complexity, insurance coverage, court schedules, and whether litigation is required. We move efficiently while pursuing full and fair compensation.

We’re Here For You

If you’re considering a claim, we’re here to answer questions privately and without pressure.