Wrongful Death Attorney In New York

Have You Lost A Loved One Due To A Wrongful Or Neglectful Act?

While no amount of compensation can ever truly replace your dearly departed loved one, actively pursuing those accountable for their passing can play a significant role in bringing you and your family some semblance of closure during this difficult time. The process of continuously striving to serve justice not only honors their memory but can also help secure the vital financial restitution your family needs to shoulder the various costs and burdens that their untimely departure has inevitably created. Choosing to lodge a wrongful death claim can be an overwhelming and daunting task, filled with emotional and legal complexities.

However, you don't have to face it alone. The compassionate New York wrongful death attorneys at The Law Offices of Jason B. Kessler in New York are here to support you every step of the way. We will ensure that your voice is heard and your rights are protected. Reach out to us today to arrange a consultation and let us help you navigate this challenging journey together.

Call Law Offices of Jason B. Kessler at 833-92-AYUDA to schedule a consultation with a lawyer today.

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Case Types

• Car Accidents
• Motorcycle Accidents
• Truck Accidents
• Mass Transit Accidents
• Pedestrian Knockdowns
• Premises Liability
• Slip and Fall
• Nursing Home Neglect
• Wrongful Death

How Do I File a Wrongful Death Claim?

If you suspect that carelessness or a wrongful action might have resulted in the loss of your loved one, it is crucial to contact The Law Offices of Jason B. Kessler in New York without delay after such a happening. Your recall of the events leading to their demise will be more vivid, thereby reducing the risk of surpassing the statute of limitations period. Conventionally, immediate relatives such as spouses and next of kin are entitled to file wrongful death lawsuits. So, if you are a spouse or immediate family, initiating a meeting with Jason B. Kessler, a skilled Personal Injury attorney, is the first stride towards justice. Reach out to our compassionate team today.

If Your Loved One Was a Victim of Wrongful Death, Here is What You Need to Know

1. In New York State, since the person who passed away is not able to file a claim, a personal representative of the deceased can file a claim on behalf of the deceased. A personal representative could be either a legal representative, a trusted friend, or a family member, but that person must be the one who is put in charge of the deceased person's financial affairs.

2. A wrongful death claim in New York State must be filed within two years of the date of the deceased person's death. If the claim is filed after two years, it may be dismissed. Therefore, it is very important to contact a lawyer as soon as possible after you have been injured. At The Law Offices of Jason B. Kessler, our experienced personal injury attorney in New York can review the details of your case, and if necessary, help you file a claim before time runs out.

3. In order to prove a wrongful death case, the following must be established:

• The defendant (doctor, dentist, driver of another car in the case of a collision, mass transit authority, etc.) had the duty of acting with reasonable care toward the deceased. For example, a healthcare professional has a duty to provide a reasonable standard of care to their patient. A driver on the road has the duty to drive responsibly, following the speed limits and not texting while driving. The MTA has a duty to maintain their trains, buses and ferries, and make sure that they are operating safely. In other words, the defendant must have owed a duty of care to the deceased person.
• The plantiff must show that the duty of care was breached. For example, a healthcare facility did not follow the standards of medical care. Another example is that a driver on the road was using a hand-held cell phone while driving, and wasn't paying attention to the road. A third example is if the MTA was aware of treacherous conditions at one of their subway stations, but neglected to fix it.
• The plaintiff must show that it was the breach of duty that caused the deceased person harm. In other words, the defendant's negligence, careless behavior or failure to follow proper procedures and standards of care directly caused the deceased person to lose their life.
• The plaintiff must show that the deceased person suffered damages, which are obvious in a wrongful death case because the person lost their life.

White Plains Office

55 Church St
Suite 201
White Plains, NY 10601