Best Wrongful Death Lawyers in Tarrytown

About Wrongful Death Law in Tarrytown, United States

Wrongful death law covers civil claims brought after a person dies because of another partys negligent, reckless, or intentional act. In Tarrytown, which is in Westchester County, New York, wrongful death cases are governed primarily by New York State law. These cases are separate from any criminal prosecution that may arise from the same facts. The purpose of a wrongful death suit is to compensate the survivors and the decedents estate for economic and certain non-economic losses caused by the death, not to punish the defendant - although punitive damages can sometimes be sought in particularly egregious cases.

Why You May Need a Lawyer

Wrongful death cases can be legally and emotionally complex. You may need an experienced lawyer if any of the following apply:

- The cause of death is disputed, or multiple parties may be at fault - for example, accidents involving drivers, property owners, employers, manufacturers, or medical providers.

- The death occurred at work, in a public place, or on government property, because special notice rules and immunity issues can apply.

- Insurance companies are offering quick settlements that may not reflect the full present and future losses of survivors.

- There are concurrent legal issues - probate, estate administration, survival actions, or criminal proceedings - that complicate timing or evidence preservation.

- Evidence must be preserved and expert witnesses consulted, for example, accident reconstruction, medical causation, product design, or industrial safety experts.

- You need help identifying all liable parties and maximizing recovery for funeral expenses, lost income, loss of support, and other damages.

Local Laws Overview

Key local and state law points that affect wrongful death claims in Tarrytown include the following:

- State law governs wrongful death claims. The rules that determine who can sue, what damages are recoverable, and how claims are pursued are based on New York law.

- Standing to sue. In New York, wrongful death claims are typically brought by certain survivors - such as a spouse, children, and other dependents - who can show pecuniary loss from the death. The decedents estate may also bring a survival action for the injuries the decedent suffered before death. Executors or administrators generally bring these suits on behalf of the estate and survivors.

- Timing and deadlines. Statutes of limitations for wrongful death and related claims are generally short. Different claims - wrongful death, survival actions, personal injury claims, and claims against government entities - can have different deadlines. Acting promptly is essential to preserve your rights.

- Government and municipal defendants. If the claim is against a municipal entity or public employee - for example, a town, county, or state agency - strict pre-suit notice requirements generally apply. Under New York law, a notice of claim often must be filed within 90 days of the incident, and there are shorter filing periods for suits against government entities than for private defendants.

- Comparative fault. New York reduces a plaintiffs recovery by the plaintiffs percentage of fault. That means if a survivor shares some fault, recoverable damages will be reduced accordingly.

- Types of recoverable damages. Recoverable items commonly include funeral and medical expenses related to the death, loss of the decedents financial support and services, lost inheritance, and in some circumstances compensation for loss of consortium or guidance. The exact categories and limits may differ depending on the case facts and whether you pursue a wrongful death claim, a survival action, or both.

- Interaction with criminal cases. A criminal conviction is not required to bring a civil wrongful death claim. Civil cases have a lower burden of proof - generally preponderance of the evidence - than criminal cases.

Frequently Asked Questions

Who can file a wrongful death claim in Tarrytown?

Under New York law, certain survivors - typically a spouse, children, and other dependents who suffered pecuniary loss - can pursue a wrongful death claim. The personal representative of the decedents estate can also bring a survival action for harms the decedent suffered before death. An experienced attorney can help determine the appropriate claimants in your case.

What is the difference between a wrongful death action and a survival action?

A wrongful death action compensates surviving family members for their own losses caused by the death - for example, lost financial support and funeral expenses. A survival action belongs to the decedents estate and seeks to recover damages the decedent could have pursued had they lived - for example, pain and suffering before death. Many cases include both types of claims, which are filed together by the estates personal representative.

How long do I have to file a wrongful death claim?

Deadlines vary depending on the type of claim and the defendant. Some wrongful death claims have short time limits, and claims against government entities often require a notice of claim within 90 days and a lawsuit within a reduced time frame. Because timelines are case-specific and can be strict, contact a lawyer promptly to avoid losing your right to sue.

Can I pursue a wrongful death claim if the responsible person was criminally charged?

Yes. Criminal charges and civil claims are separate. A criminal conviction may bolster a civil case but is not required. Civil lawsuits use a lower burden of proof, so you can pursue damages regardless of the outcome of criminal proceedings.

What kinds of damages can survivors recover?

Common recoverable items include funeral and related expenses, medical expenses incurred prior to death, loss of financial support and services, loss of inheritance, and sometimes compensation for loss of consortium or guidance. The exact damages available depend on the survivors relationship to the decedent, the nature of the loss, and applicable state rules.

What if the decedent was partly at fault for the accident?

Under New York law, comparative fault principles apply - the recoverable amount is reduced by the deceaseds percentage of fault. Even if the decedent shares some fault, survivors may still recover a portion of damages after reduction for their percentage of responsibility.

Do wrongful death settlements affect an estate or probate process?

Yes. Settlements and judgments generally become part of the estate and must be handled in accordance with probate and estate laws. The estates personal representative typically negotiates and accepts settlements, and distributions to survivors are made consistent with statutory rules and any applicable wills.

Will an insurance company pay for a wrongful death claim?

Insurance companies often handle wrongful death claims through their insureds liability policies. Insurers may try to limit payouts. A lawyer can negotiate with insurers, investigate the full extent of losses, and evaluate settlement offers to ensure survivors receive fair compensation.

How much does it cost to hire a wrongful death lawyer?

Many wrongful death lawyers work on a contingency-fee basis - meaning they advance costs and only receive a fee if they recover money for you. Contingency fees and how costs are handled vary by attorney and case. Ask about fee arrangements and any anticipated expenses during an initial consultation.

What should I do immediately after a death that may have been wrongful?

Preserve evidence and documentation if possible: obtain medical and police reports, keep records of bills and expenses, identify witnesses, and preserve any physical evidence. Obtain certified death certificates and contact an attorney quickly to protect legal rights and meet any notice or filing deadlines. Avoid giving recorded statements to insurers without consulting a lawyer.

Additional Resources

When handling a wrongful death matter in Tarrytown, the following local and state resources may be helpful for information, records, or support:

- Westchester County District Attorneys Office - for criminal inquiries and victim services.

- Westchester County Clerk or appropriate local clerk - for court filing procedures and records.

- New York State Unified Court System - for local rules, court locations, and procedures relevant to civil actions.

- New York State Department of Health - for vital records such as certified death certificates and guidance on medical records.

- New York State Workers Compensation Board - if the death arose from a workplace incident, for benefits and related procedures.

- Local victim assistance and grief counseling organizations - for emotional support and guidance through the process.

- Consumer and safety organizations relevant to the cause of death - for data and advocacy on roadway safety, product safety, medical standards, or workplace safety.

Next Steps

If you believe a loved ones death resulted from someone elses wrongful conduct, consider the following practical steps:

- Seek immediate support. Address urgent needs - medical bills, funeral arrangements, and emotional support for family members - while starting the legal process.

- Preserve evidence and documents. Secure medical records, autopsy and coroner reports, police reports, photographs of the scene, witness contact details, employment records, and bills or invoices related to expenses.

- Obtain certified copies of the death certificate and any available reports as soon as possible.

- Avoid making recorded statements to insurance companies until you speak with a lawyer. Be cautious about signing releases or accepting quick settlement offers.

- Consult with a wrongful death attorney experienced in New York law. Ask about their experience with local courts in Westchester County, fee arrangements, expected timeline, and how they will investigate and document your losses.

- If the defendant is a government entity, act quickly to meet notice-of-claim deadlines. Missing these requirements can bar your case.

- Consider both financial recovery and non-financial needs. A lawyer can help quantify future lost earnings, loss of services, and other impacts to surviving family members and recommend next steps for settlement or trial.

Working with a knowledgeable local attorney can help ensure your family preserves legal rights, navigates complex rules and deadlines, and pursues fair compensation while you focus on grieving and recovery.