Content reviewed by:
Alex Shulman
Losing a family member is painful, and you may be unsure where to turn. If you are looking for legal help, you want clear guidance and a plan. Our White Plains wrongful death lawyer explains how these cases work under New York law and what to expect locally.
Shulman & Hill helps spouses, children, parents, and estates after fatal car crashes, unsafe property conditions, and workplace incidents in White Plains and across Westchester County. Our White Plains personal injury lawyer focuses on holding at-fault parties accountable and seeking financial recovery for your family under state law.
Who Can Bring a Wrongful Death Lawsuit?
In New York, the personal representative of the estate files the lawsuit on behalf of the distributees. That representative is often the executor named in a will or an administrator appointed by the Surrogate’s Court. For deaths in White Plains, appointments typically come through the Westchester County Surrogate’s Court.
The money recovered is distributed to the decedent’s distributees according to New York law. Compensation focuses on financial losses such as lost income and services, not grief or sorrow.
Statutes of Limitation and Deadlines for Wrongful Death Cases
New York generally allows two years from the date of death to file a wrongful death lawsuit. Shorter timelines may apply to claims against public entities, including a 90-day notice of claim and a one-year-and-90-day filing deadline for many municipal defendants.
There are also special rules when a criminal case is related to a death. Our team has over 200 years of combined experience handling injury and wrongful death cases, and we can help you file on time.
Damages Available to Families in White Plains Wrongful Death Actions
Recoverable damages in a New York wrongful death case center on financial losses. That includes lost financial support, the value of household services, parental guidance, and inheritance prospects, as well as funeral and final medical expenses. Interest is typically added from the date of death at the statutory rate.
A separate survival claim can seek compensation for the decedent’s conscious pain and suffering before death. In limited cases, punitive damages may be available to punish egregious conduct. We assemble economic and medical evidence to support each category.
Frequent Causes of Wrongful Death
Fatal crashes on I-287, the Bronx River Parkway, and local roads are a frequent source of wrongful death lawsuits. Cases can involve distracted driving, speeding, impaired driving, commercial vehicles, and dangerous roadway conditions. Pedestrian and bicycle fatalities also lead to claims against drivers and, at times, other responsible entities.
Property-related deaths may involve falls, inadequate security, or code violations. Workplace accidents represent another significant category of wrongful death claims in White Plains and Westchester County.
Construction sites, warehouses, and other industrial environments can expose workers to serious hazards, including falls from heights, struck-by accidents, electrocution, and caught-in or caught-between incidents.
Our Approach to Building a Wrongful Death Case
Our wrongful death lawyers in White Plains start by identifying all liable parties, available insurance coverage, and the proper court. Our team secures records, notices, and preservation letters quickly to protect evidence. We work with investigators and experts to build the factual record for settlement or trial. Key evidence we often gather includes:
- Police collision reports and scene documentation
- Medical records, autopsy findings, and coroner reports
- Witness interviews and sworn statements
- Video, black box data, and site inspections
- Safety policies, maintenance logs, and training records
- Economic analyses of income, services, and benefits
Workplace Fatalities in White Plains: Workers’ Compensation and Third-Party Claims
If your loved one died in a work-related incident, the family may be eligible for workers’ compensation death benefits. These benefits can include weekly payments to dependents and funeral expense coverage. We coordinate benefits while pursuing any third-party wrongful death claim.
A third-party claim targets non-employer entities that contributed to the death, such as contractors, equipment manufacturers, or property owners. This path can provide damages not available in workers’ compensation. Construction falls, struck-by incidents, and machinery failures are common sources of liability.
What to Know About Choosing a White Plains Wrongful Death Attorney
Selecting a White Plains wrongful death attorney means choosing a team that knows New York law and Westchester County practice. Ask about recent results, expert resources, communication style, and courtroom readiness. Local familiarity with judges, procedures, and insurance carriers can streamline your case.
We handle wrongful death cases on a contingency fee basis. You pay no legal fee unless we recover compensation for the estate and distributees. Our fee structure and case expenses are explained in writing at the start.
Insurance Negotiations and Litigation in Westchester County Courts
We assemble a demand package supported by liability and damages proof and negotiate with insurers for a full settlement. If a fair resolution is not reached, we file suit, conduct discovery, and prepare for trial. Many cases resolve through mediation or pretrial conferences in the Westchester Supreme Court.
Adjusters and defense counsel assess risk based on the strength of the evidence, expert reports, and projected jury outcomes. We focus on proving fault and presenting clear, credible damages. Throughout the case, we keep you informed and involved in key decisions.
Our team can help you recover compensation, and we have a strong track record. We’ve recovered a total of over $1 billion in compensation in our years of business.
Speak With a White Plains Wrongful Death Lawyer Today
Your next step can be straightforward: get answers, confirm deadlines, and start protecting your family’s rights. Shulman & Hill offers a free consultation to review the facts, outline your options, and map out a plan for filing in the proper Westchester court.
Contact us today to discuss your potential case with a White Plains wrongful death attorney and learn how we can help. Every Borough, Every Block, New York, We Got You.