Kingston Wrongful Death Attorney

Compassionate Legal Representation for Your Wrongful Death Claim in Ulster County

Losing a loved one because of another person’s negligence is one of the most harrowing and emotionally distressing things a family can experience. In addition to processing grief, you must deal with the confusion and anger that arises in cases of wrongful death.

A wrongful death may include any instance in which the negligent actions of someone else cause a person’s death. At Basch & Keegan LLP, our Kingston wrongful death lawyers are committed to helping those injured by negligence recover compensation.

We understand that no amount of money can bring back your loved one, but pursuing a wrongful death claim can alleviate the financial damages that have resulted. Additionally, you may be entitled to compensation for non-economic damages.

Call Basch & Keegan LLP today at (845) 251-4545 or contact us online to schedule a meeting with our wrongful death attorney in Kingston!

On This Page:

• Common Causes of Wrongful Death in New York
• Navigating Wrongful Death Claims in New York: What Families Need to Know
• Recoverable Damages in a Wrongful Death Claim
• What is the Average Wrongful Death Settlement?
• How Does New York’s Statute of Limitations Impact Your Wrongful Death Lawsuit and Settlement?
• How to Find a Wrongful Death Attorney

Common Causes of Wrongful Death in New York

Wrongful death claims in New York can arise from a variety of situations where negligence or intentional harm leads to a fatal outcome. Some common causes include:

• Motor Vehicle Accidents: Fatal collisions involving cars, trucks, motorcycles, or bicycles due to driver negligence or recklessness.
• Medical Malpractice: Deaths resulting from errors in medical treatment, misdiagnosis, or negligence by healthcare professionals.
• Workplace Accidents: Fatal injuries occurring due to unsafe working conditions or employer negligence in construction sites, factories, or other workplaces.
• Slip-and-fall accidents are deaths caused by hazardous conditions on someone else's property, such as uneven floors, wet surfaces, or poor maintenance.
• Product Liability: Fatalities from defective or unsafe products, including pharmaceuticals, automobiles, or household items.
• Criminal Acts: Deaths caused by violent crimes, such as assault, battery, or other intentional acts of harm.

Understanding these common causes can help in identifying potential wrongful death claims and ensuring that families receive the justice and compensation they deserve.  

Navigating Wrongful Death Claims in New York: What Families Need to Know

When a loved one dies due to an accident, New York law allows the personal representative of the deceased’s estate to seek compensation from those responsible for the death. This legal action is crucial when the deceased cannot file a personal injury claim themselves.

To succeed in a wrongful death claim, the following five elements must be established:

• A Death: Confirmation that a person has died.
• Wrongful Conduct: The death must result from the defendant’s wrongful actions.
• Actionable Claim: The deceased would have had a valid personal injury claim if they had survived.
• Surviving Beneficiaries: One or more individuals must have suffered a loss due to the death.
• Recoverable Damages: The estate must be able to claim damages.

In wrongful death lawsuits, damages awarded are recovered by the personal representative on behalf of the surviving family members, who ultimately benefit from the compensation.

Recoverable Damages in a Wrongful Death Claim

Successful wrongful death claims can help families cover various costs and losses, including:

• Funeral and burial expenses: Compensation for the costs associated with laying your loved one to rest.
• Remaining medical bills: Coverage for any outstanding medical expenses incurred before death.
• Lost income: Replacement of the financial support the deceased provided to their family.
• Childcare and services: Resources to cover childcare and other services needed in the absence of the deceased.
• Non-economic damages: Compensation for pain and suffering endured by the family.

The Kingston wrongful death attorneys at Basch & Keegan LLP are committed to securing the full compensation your family deserves and handling the legal process so you can focus on grieving your loss.

What is the Average Wrongful Death Settlement?

Although it is difficult to determine what a wrongful death settlement will look like in your particular case, the average settlement can range anywhere from $500,000 to more than $1 million. Some settlements may be more or less than that average. There are so many factors that will determine this, however, and working with a dependable wrongful death attorney is your best opportunity to obtain the maximum compensation you deserve for the loss you and your family have suffered.

A settlement amount is determined based on several factors, including:

• Deceased person's age
• Deceased’s earning capacity
• State of health of deceased before death
• Deceased’s income at the time of death
• Left behind dependents' age and circumstances
• Deceased’s education and training
• Medical bills incurred for the deceased
• Costs of funeral
• Value of lost benefits

How Does New York’s Statute of Limitations Impact Your Wrongful Death Lawsuit and Settlement?

Several key factors must be considered when pursuing a wrongful death lawsuit or settlement. One of the most critical aspects is New York State's statute of limitations, which imposes a strict two-year deadline from the date of the victim's death to file the lawsuit. This timeframe allows for very few exceptions.

While wrongful death cases can go to trial, most are resolved through settlement. It is important to understand that settling a wrongful death case can be lengthy, often taking several years. Our wrongful death attorneys are dedicated to advancing your case efficiently and effectively, ensuring that you navigate the legal complexities as easily as possible.

How to Find a Wrongful Death Attorney

If you believe your loved one's death was caused by someone else's negligence or intentional harm, finding a qualified wrongful death attorney is crucial. Here’s how to find the right attorney for your case:

• Ask for Referrals: Seek recommendations from family, friends, or colleagues who have had positive experiences with wrongful death attorneys.
• Research Online: Look for attorneys with experience in wrongful death cases. Check reviews, awards, and their reputation in the legal community.
• Verify Credentials: Ensure the attorney has a proven track record in handling wrongful death cases.
• Understand the Fee Structure: Most wrongful death attorneys work on a contingency fee basis, meaning they are paid only if you win. Clarify the fee structure and any additional costs before signing a contract.
• Schedule a Consultation: Take advantage of free consultations to discuss your case, understand the attorney’s experience, and gauge their approach.

At Basch & Keegan LLP, we offer free consultations to help you determine if we're the right fit for your case.

Contact Our Kingston Wrongful Death Lawyer Today

If you have lost a loved one in an accident, Basch & Keegan LLP can help ensure your family’s rights are protected. We handle complex matters, and we’ll never simply settle your claim and move on to the next client — our goal is to achieve the result you need and deserve. 

Contact Basch & Keegan LLP today to meet with our wrongful death lawyer in Kingston!