Wrongful Death Attorney in White Plains, New York

If your loved one died because of another person’s negligent or reckless actions, you have the option to pursue a wrongful death lawsuit either on behalf of the deceased’s estate or on behalf of immediate heirs. These claims differ from typical personal injury lawsuits because they exist solely by virtue of statute rather than common law precedent. Statutory provisions specify who may initiate a claim, outline the types of damages that may be recovered, and establish critical deadlines for filing. 

For example, New York law generally requires that a wrongful death claim be commenced within two years of the date of death. Gathering and presenting the necessary documentation—such as death certificates, medical records, and proof of dependency—can feel overwhelming at a time of grief.

That is why reaching out to Kent Hazzard & Freeman to speak with a wrongful death attorney in White Plains can be an important first step. A wrongful death attorney in White Plains can explain your rights under the statute, help identify qualified claimants, and walk you through each phase of the legal process, from drafting the complaint to navigating discovery—all without suggesting a guaranteed outcome but with attentive, detail-oriented guidance tailored to your family’s needs.

In a recent case handled by our firm, an 86-year-old man was tragically killed after being struck by a vehicle driven by an 88-year-old motorist. The impact caused the elderly pedestrian to fall and suffer a subdural hematoma—a serious brain bleed—that led to his death two days later. His only surviving heir, his daughter, pursued a wrongful death claim. Through our representation, she recovered a substantial settlement totaling hundreds of thousands of dollars, which included compensation for her father’s conscious pain and suffering during the brief period between the injury and his passing. This case highlights how wrongful death claims can provide financial accountability even in situations involving elderly victims and short survival periods.

Who Can File a Wrongful Death Lawsuit?

Under New York’s wrongful death statute, only those with legal “standing” may bring such a claim. The statute limits eligibility to those most directly affected by the decedent’s death and who relied—emotionally or financially—on the person who passed away. Generally, the following parties may qualify:

1. Surviving Spouse or Domestic Partner

   • The decedent’s legally married spouse or registered domestic partner has priority to file a wrongful death claim.
   • The surviving spouse or partner must demonstrate the loss of financial support, household services, and the intangible benefits of companionship and consortium.

2. Children (Including Grandchildren, in Certain Circumstances)

   • Biological and legally adopted children may sue for the death of a parent.
   • If a child predeceased the decedent, that child’s descendants (e.g., grandchildren of the decedent) can step into the child’s place and maintain the claim.
   • Each child’s share reflects their individual loss and the degree of dependency on the decedent.

3. Dependents Who Relied on the Decedent for at least 50% of Their Financial Support

   • This category encompasses minors, stepchildren, and other individuals whom the decedent supported.
   • To qualify, the dependent must show clear evidence—through bank records, tax returns, or testimony—that they received half or more of their financial needs from the decedent.
   • Guardians or custodians typically present this proof on behalf of minor dependents.

4. Heirs-at-Law Under Intestate Succession Rules

   • If the decedent died without a will, New York’s intestacy statutes determine the heirs.
   • This can include parents, siblings, nieces, nephews, or more distant relatives, depending on who survives.
   • Heirs-at-law share equally in any wrongful death recovery, subject to the intestacy hierarchy.

What Damages Are Available in a Wrongful Death Case?

When you consult an attorney for a wrongful death case, one of the first questions is what types of compensation you might pursue. Unlike other civil actions, a lawyer for a wrongful death claim bifurcates damages into economic, non-economic, and, in rare cases, punitive categories. Below is a more detailed breakdown of each.

Economic Damages

Economic damages compensate for out-of-pocket losses and the financial contributions the decedent would have made over their expected lifetime. A knowledgeable attorney for wrongful death will meticulously calculate these figures:

1. Future Lost Earnings and Benefits

   • Projected Salary: Using the decedent’s age, occupation, experience, and earning history, your lawyer wrongful death claim will estimate income the decedent would likely have earned until retirement.
   • Fringe Benefits: This includes health insurance subsidies, pension or 401(k) contributions, bonuses, and other workplace perks.
   • Cost-of-Living Adjustments: Actuarial experts often factor in inflation and expected raises.

2. Contributions to Household Expenses

   • Domestic Services: Valuing the monetary equivalent of unpaid homemaking work, such as childcare, cleaning, cooking, and yard maintenance.
   • Shared Living Costs: Portions of rent or mortgage, utilities, groceries, and other recurring household bills the decedent would have paid.

3. Funeral and Burial Costs

   • Basic Services Fee: Professional services of the funeral director and staff.
   • Caskets, Vaults, and Cremation Fees: Selection and preparation costs.
   • Memorial and Transportation: Hearse, limousine, flowers, obituary notices, and venue rental.

4. Medical Bills Incurred Before Death

   • Emergency Response: Ambulance or airlift expenses.
   • Hospitalization and Surgery: Intensive care unit stays, surgical procedures, and post-operative monitoring.
   • Rehabilitation and Therapy: Physical therapy, occupational therapy, and any home health aide costs.
   • Prescription Medications: Drugs prescribed for pain management or other treatments.

Each of these elements must be supported by invoices, receipts, medical records, and expert testimony. A seasoned attorney guides families through gathering and presenting this evidence.

Non-Economic Damages

Non-economic damages address intangible harms that defy simple calculation. When you meet with a wrongful death lawyer, expect a discussion of how to convey these losses:

1. Loss of Companionship and Consortium

   • Spousal Consortium: The surviving spouse’s loss of affection, emotional support, intimacy, and advice.
   • Parent-Child Relationship: Children’s loss of guidance, nurturing, and parental protection.

2. Loss of Moral Support and Guidance

   • Mentorship and Advice: Emotional security and life counsel the decedent would have provided.
   • Role Model Impact: Influence on children’s education, career choices, and character development.

3. Loss of Household Harmony

   • Emotional Climate: The decedent’s role in maintaining family cohesion and resolving conflicts.
   • Psychological Well-Being: The survivors’ sense of safety, love, and belonging.

Because these damages are inherently subjective, juries draw on testimony from family members, mental health professionals, and life-care planners to arrive at a “reasonable” award. Your wrongful death lawyer will prepare witnesses to articulate the depth and breadth of these losses.

Punitive Damages

Punitive damages stand apart from compensatory awards. They are awarded only when the defendant’s conduct is so reckless or malicious that society seeks to punish and deter similar behavior in the future. A wrongful death attorney will explore punitive damages if:

• Egregious Negligence: Cases involving drunk driving, extreme speeding, or repeat safety violations.
• Intentional Misconduct: Deliberate harmful acts, such as willful assaults or knowing concealment of dangerous conditions.
• Statutory Authorization: New York law permits punitive awards only under defined circumstances, such as gross negligence or willful wrongdoing in certain contexts.

To pursue punitive damages, your attorney must present clear and convincing evidence of the defendant’s state of mind and conduct, often requiring specialized expert testimony on standard practices and industry norms.

Coordinating Multiple Damage Categories

A wrongful death lawsuit typically combines these damage types into a single filing, yet each category demands its own proof:

1. Economic Damages: Documented via receipts, payroll records, and actuarial reports.
2. Non-Economic Damages: Supported by personal affidavits, expert evaluations, and psychological assessments.
3. Punitive Damages: Backed by evidence of the defendant’s conscious disregard for others’ safety.

Collaborating with an experienced wrongful death lawyer like Kent Hazzard & Freeman helps families present a cohesive case matrix, ensuring no aspect of loss—financial or emotional—is overlooked. Contact us for a thorough case evaluation and to learn how these damages apply to your unique situation.

Survival Actions vs. Wrongful Death Claims

• Wrongful Death Claim: Compensates the decedent’s heirs for losses suffered due to the decedent’s death.
• Survival Action: Seeks recovery for the decedent’s own damages (pain, suffering, medical expenses) from the time of injury until death.

Both claims often proceed together, but they serve distinct legal purposes. A wrongful death attorney at Kent Hazzard & Freeman can explain how these actions apply to your loved one’s case.

Speak with a Wrongful Death Attorney in White Plains Today

Wrongful death matters combine legal complexity with deep emotional strain. You and your family deserve compassionate, knowledgeable representation that relieves the burden of litigation. Contact Kent Hazzard & Freeman to schedule a consultation. A wrongful death attorney in White Plains can review your situation, explain your rights, and outline the next steps—without promising specific results but providing clear legal guidance tailored to your needs. Although no attorney can guarantee a particular outcome, Kent Hazzard & Freeman offers clear, emotionally attuned guidance tailored to your needs. If you’re ready to explore your options, contact Kent Hazzard & Freeman today to schedule a consultation with a wrongful death attorney in White Plains. Together, we’ll chart a course forward—honoring your loved one’s memory and pursuing the justice your family deserves.