Westchester County, NY Wrongful Death Lawyer
When tragedy strikes, we help families find justice
No one ever imagines the moment they’ll receive the call; the one that changes everything. It might come from a hospital, a police officer, or a co-worker. One moment, your loved one is going about their day. The next, they’re taken far too soon because someone made a choice that never should have happened.
Whether it was a reckless driver, a careless doctor, a job site supervisor who cut corners, or a company that failed to make a safe product, your family is left to pick up the pieces of something that never should have fallen apart.
The Westchester County wrongful death attorneys at Giampa Law understand that behind every case is a family in pain. We’ve spent decades standing beside grieving spouses, parents, and children across Westchester County and greater New York; not just as lawyers, but as advocates and human beings. We know this isn’t just about a lawsuit. It’s about answers. It’s about accountability. And it’s about protecting the future of those left behind. If you lost a loved one because of someone else’s negligence, contact us today for a free, confidential consultation.
“ALWAYS PROFESSIONAL! Pleasant staff and attorneys. I would definitely recommend Giampa Law to my friends and family.” – C.B., ⭐⭐⭐⭐⭐
FAQs About Westchester County Wrongful Deaths
- What is considered a wrongful death?
- Who can file a wrongful death lawsuit in New York?
- What damages can families recover in a wrongful death case?
- How is liability proven in a wrongful death case?
- What types of accidents can lead to wrongful death claims?
- How long do I have to file a claim?
- Why do I need a Westchester County wrongful death attorney?
What is considered a wrongful death?
Wrongful death is a legal term that covers a wide range of fatal incidents. But at its core, it’s about preventable loss. Under New York law, a wrongful death occurs when someone dies due to the wrongful act, neglect, or default of another person or entity. It’s not about proving someone meant to cause harm. It’s about showing that they failed to act responsibly, and that failure resulted in someone’s death.
For example, if a drunk driver blows through a red light and kills a pedestrian, that’s wrongful death. If a surgeon misses a clear sign of infection and the patient dies, that’s wrongful death. If a company sells a defective heater that explodes and causes fatal injuries, that’s also wrongful death.
In each of these cases, a human decision or lack of care created deadly consequences. That’s what the law addresses.
It’s also important to understand that wrongful death is a civil case, not a criminal one. That means the goal isn’t to put someone in jail; it’s to seek financial compensation for the family and to hold the responsible party legally accountable in court. Criminal charges might be filed separately by the state, but a civil claim gives your family the ability to fight for what you’ve lost.
Who can file a wrongful death lawsuit in New York?
In many states, immediate family members can file wrongful death claims directly. But New York is different. Here, only the personal representative of the deceased person’s estate can bring a wrongful death lawsuit. That’s either the executor named in a will or, if no will exists, someone appointed by the court (often a spouse, parent, or adult child).
Even though only one person files the claim, the lawsuit is filed on behalf of all eligible surviving family members, which can include:
- A spouse who depended on the deceased’s income or care
- Children, especially minor children who lost a parent
- Parents, if the deceased had no spouse or children
- Dependent relatives, like siblings or grandparents who lived with and relied on the person financially
If your family doesn’t have an estate set up yet, don’t worry; that’s a common situation, and we can help. Our Westchester County wrongful death attorneys assist families in navigating probate court, appointing an administrator, and handling the legal process of opening an estate so that the claim can move forward.
We know it may feel overwhelming to handle these details while you’re grieving. That’s why we take care of all the complicated legal stuff. Your focus should be on your family; ours is on getting you justice.
What damages can families recover in a wrongful death case?
When someone is taken from you too soon, there’s no amount of money that can fill the hole they leave behind. But New York law does recognize the financial impact of that loss, and allows you to pursue compensation for specific, measurable damages.
In wrongful death cases, the focus is on pecuniary loss. This is a legal term that refers to the economic value of the person’s life to their family. Damages may include:
- Lost wages and future income the deceased would have provided over the course of their lifetime
- Medical expenses from the fatal illness or injury
- Funeral and burial costs, which can be a significant burden
- Loss of parental guidance and nurturing (especially for minor children)
- Loss of household services, such as caregiving, cooking, home maintenance, or transportation
What you can’t currently recover in New York is damages for your own pain and suffering as a survivor. That includes emotional anguish or loss of companionship.
To calculate the full scope of your losses, our legal team works with forensic economists and financial experts who help build a long-term picture of what your loved one’s presence meant financially. That includes income projections, retirement contributions, child support, education planning, and more.
How is liability proven in a wrongful death case?
Winning a wrongful death lawsuit isn’t just about knowing someone is at fault; it’s about proving it in a legal setting. In New York civil courts, that means showing that someone acted negligently, recklessly, or wrongfully, and that those actions directly caused the death of your loved one.
Giampa Law approaches each case with a full investigation. Our in-house legal team and network of experts work together to build a compelling case from the ground up. Building a strong case takes time, skill, and persistence. Here’s how we prove liability:
- Police and incident reports: We obtain all relevant documentation from responding officers, including diagrams, statements, and citations.
- Medical records: In cases involving hospitals, surgeries, or nursing homes, we analyze medical histories, chart entries, and timelines of treatment, often with the help of independent physicians.
- Witness statements: Coworkers, family members, and passersby can offer key testimony. We conduct interviews, collect affidavits, and prepare depositions.
- Video footage and photos: Surveillance video from nearby businesses or traffic cameras can provide irrefutable evidence of what happened.
- Expert witnesses: From accident reconstruction specialists to workplace safety engineers to pathologists, we bring in seasoned professionals to testify in support of your case.
- Company or agency records: In product defect or workplace death cases, internal documents may reveal ignored complaints, safety violations, or poor training, all pointing to fault.
The legal theories we rely on include:
- Negligence: This applies when someone fails to act with the care a reasonable person would use in the same situation. For example, a property owner who doesn’t fix a broken stairway.
- Recklessness: More serious than negligence, recklessness means someone knew their behavior was dangerous and ignored the risk. For example, a driver speeding through a school zone.
- Intentional harm: Rare, but in cases involving violence or assault, we can file a wrongful death claim even if the criminal case is ongoing or unresolved.
What types of accidents can lead to wrongful death claims?
Wrongful death isn’t limited to just car accidents or medical mistakes. Any scenario where another party’s actions or failure to act leads to a death can give rise to a claim. Giampa Law has seen these tragedies take many forms across Westchester County and New York City.
Here are some of the most common causes we handle:
Motor vehicle accidents
Fatal car crashes are one of the leading causes of wrongful death in New York. These cases often involve:
- Distracted driving
- Speeding
- Driving under the influence
- Failure to yield or obey signals
- Commercial truck accidents
When investigating a car accident in Westchester County, we look at the police report, crash scene photos, videos, witness statements, and other key pieces of evidence that prove driver negligence.
Workplace accidents
New York’s booming construction industry, particularly in Yonkers and New Rochelle, brings with it serious hazards. Falls from heights, equipment malfunctions, electrocutions, or even toxic exposure can prove fatal, especially when safety protocols are skipped.
While workers’ compensation laws often limit lawsuits against employers, we investigate whether third-party liability applies, such as a subcontractor, property owner, or equipment manufacturer.
Medical malpractice
Doctors, nurses, and hospitals have a duty to protect life. When they fail, the consequences are irreversible. Common fatal errors include:
- Misdiagnoses or delayed diagnoses
- Surgical complications
- Medication errors
- Birth injuries
- Anesthesia mishaps
Nursing home neglect and abuse
Our elders deserve dignity, respect, and proper care. Sadly, nursing home neglect remains an ongoing crisis in New York. Wrongful death claims may stem from:
- Untreated infections
- Dehydration or malnutrition
- Falls caused by lack of supervision
- Bedsores and sepsis
- Medication mismanagement
If your loved one passed away in a care facility and something feels wrong, trust your instincts. Our Westchester County wrongful death lawyers will investigate thoroughly.
Defective products
When manufacturers rush products to market or skip safety testing, the results can be catastrophic. From faulty brakes and exploding e-bikes to dangerous household appliances, we’ve taken on large corporations whose negligence cost lives. We pursue these cases aggressively, while teaming with engineers to identify product flaws and failure points.
How long do I have to file a claim?
Time isn’t on your side, and unfortunately, the law isn’t always forgiving when it comes to deadlines. In New York, the statute of limitations for filing a wrongful death claim is two years from the date of death.
That might sound like a long time, but it can pass quickly, especially when you’re coping with grief, arranging a funeral, settling an estate, and trying to get your life back in order. The legal process takes preparation, and waiting too long can put your case at risk.
Aside from the legal deadline, there’s another reason to move fast: evidence disappears. Surveillance footage is deleted. Witnesses move. Skid marks fade. Medical records get buried. The sooner our legal team can begin investigating, the stronger your case can be.
Why do I need a Westchester County, NY wrongful death attorney?
This is one of the most important decisions your family will make. When you consult with Giampa Law, you’re not just hiring a lawyer; you’re choosing a partner for what could be a long, emotional, and high-stakes legal journey.
Wrongful death cases demand more than technical skill. They require empathy, emotional intelligence, trial readiness, and the resources to fight well-funded opponents. Whether you’re facing a hospital’s legal team, a corporate defense firm, or an insurance company determined to reduce your loss, you need someone who won’t back down. Additionally, you want someone who is ready and willing to go to trial if it means getting the justice your family deserves.
Compassion and communication are also important. This isn’t just about filing paperwork. It’s about guiding grieving families through a process they never asked to be part of. Our legal team will listen to you, return your calls, and explain things clearly. You should not have to pay out of pocket. That’s why we work on contingency, meaning you pay nothing unless we win.
Why families choose Giampa Law
When a loved one dies unexpectedly, the pain is immediate, and the uncertainty that follows can feel endless. There’s grief, of course, but also paperwork, decisions, and a thousand questions about what happens next. During such an overwhelming time, the last thing you should worry about is dealing with the legal system alone. That’s where our Westchester County wrongful death lawyers come in.
We provide real support tailored to the needs of grieving families. That starts with a conversation, with no forms or pressure; just a chance to talk. We offer free consultations to help you understand your rights and explore your options. Contact us online or call us today and let’s take the first step together.