Losing a loved one is one of the most tragic experiences in a person’s life, especially if it’s due to another’s reckless or negligent actions. Not only must the family members grieve, but also take care of the funeral and burial expenses. This is why our White Plains personal injury attorneys are dedicated to obtaining the justice these families deserve by recovering their entitled compensation.
At Tilem & Associates, PC, we can conduct our own extensive investigation, gather or analyze the evidence necessary to develop a relentless and personalized strategy to recover your compensation. With more than 25 years of experience, our legal team possesses the comprehensive knowledge of New York law and court proceedings related to these types of cases.Proving Wrongful Death
The “personal representative” of the deceased individual’s estate is held responsible for filing a wrongful death claim. In New York, a family member is not allowed to file a wrongful death claim, unless the personal representative of the deceased individual’s estate is also a family member. A wrongful death claim must be filed within two years of the date of the deceased individual’s death.
In order to establish a wrongful death case in New York, you must prove the following five elements:
- A death occurred
- The death was caused by another party’s wrongful conduct
- If the deceased individual was alive, he/she would have pursued a personal injury claim
- There is a surviving member or there are surviving members who have suffered a loss as a result of the death
- The estate can recover damages
Our White Plains personal injury attorney understands how difficult, stressful, and overwhelming this situation can be. That is why we are committed to recovering your entitled compensation while you and your family grieve for the loss of your loved one. We are located just ten miles outside of New York City, providing easy access for clients from Westchester County, all five boroughs of New York City, Rockland County, Nassau County, Orange County, and Putnam County.
Contact us to schedule your complimentary consultation today.