We Stand Up for Grieving Families

A wrongful death attorney who will go the extra mile for you.

Negligence kills. Whether it’s reckless driving, irresponsible property owners, negligent medical professionals, or dangerous products, people who don’t put safety first play games with others’ lives, and too many New York families are grieving because of it. Nothing is more heartbreaking than losing a loved one to a preventable cause. You need answers, accountability, closure, and a path forward.

You need a dedicated New York wrongful death lawyer to champion your cause. Keogh Crispi, P.C. has a proven track record of results for New York families, including a $1.4 million settlement for the family of a man who fell to his death. We would be honored to listen to your family’s story and discuss your legal options in a free consultation.

What is a wrongful death lawsuit?

A wrongful death lawsuit is a claim for damages (financial compensation) for losses stemming from a death caused by someone else’s careless or reckless behavior. New York law describes a wrongful death claim as arising from “a cause of action the deceased could have pursued in court if death had not occurred” – that is, a matter that could have been a personal injury claim had the deceased person survived the incident. For instance, just as a person injured in a slip and fall can file a personal injury claim against the property owner, the estate of a person killed in a fatal slip and fall can file a wrongful death claim against the property owner.

In New York, the personal representative (executor) of the deceased person’s estate is responsible for filing a wrongful death claim. Family members generally are not able to file a wrongful death claim unless they are also the personal representative.

What types of damages can be recovered in a wrongful death case?

Broadly speaking, there are two types of damages in a wrongful death case. The first type of damages are costs sustained by the estate, such as medical expenses for the deceased person’s final injury or illness, lost wages between the time of injury and death, pain and suffering, and funeral and burial expenses. The second category consists of losses experienced by the surviving family members, including loss of support and services, loss of inheritance, and loss of parental nurturing, care, and guidance for the surviving children. Since only the personal representative of the estate can file a wrongful death claim in New York, the personal representative effectively holds these damages in trust for the surviving family members.

It may seem strange to seek financial compensation after a death, but in years of practicing law, we’ve seen over and over again what a difference legal action can make in families’ lives. A successful wrongful death lawsuit can help families maintain their quality of life after a loss. If the parent who died was the primary caregiver for the children, for instance, a wrongful death lawsuit can provide income to allow the surviving parent to stay home. It also provides a sense of closure that comes from holding the responsible party accountable.

Victims have rights in the civil court system.

A wrongful death matter is a civil matter, separate and distinct from any criminal charges that may be brought by the state of New York in connection with the same death. For instance, if someone is killed by a drunk driver, we may be able to file a wrongful death claim against both the drunk driver and the business or establishment that served them alcohol.

Because the standard of proof is lower in civil court, we may be able to obtain damages in a wrongful death claim even if the responsible party is acquitted in criminal court. In the above example, it’s possible to find the drunk driver responsible for the death in civil court even if they are found not guilty in criminal court.

We trust New York juries to do the right thing.

When you come to us after a tragedy, the first thing we’ll do is listen. We want to hear your story, understand what happened, and learn how your loved one’s death has changed your life. Attorney Pat James Crispi will explain your legal options and let you know whether you have a potential case. If you choose to move forward with us, we’ll launch an immediate investigation to preserve evidence and prove who was responsible. The insurance company for the at-fault party is doing this already – as horrible as it sounds, to them, a death is just another expense to be minimized. We level the playing field by working hard for victims’ families.

The key is to prepare every case for trial. We gather evidence, hire expert witnesses, and build a compelling story to explain how negligence was the cause of your family’s loss. We know that when we go before a New York jury with that story, they’ll find it compelling. The insurance companies know this, too, which is why they pay up once they see we’re prepared to take them to court. If they don’t, we’re ready to go to trial.

Throughout the process, you can depend on us to handle the day-to-day with the insurance company while you focus on grieving and healing. We handle wrongful death matters on a contingency fee basis, which means you don’t owe us a cent until and unless we successfully resolve your case. You have a right to justice, regardless of your ability to pay.

Get an experienced advocate on your family’s side, today.

We know the last thing on your mind after a death is the possibility of legal action, but we do encourage you to contact us as soon as possible. The sooner you speak with us, the sooner you will know your options, and the sooner we can take on the legal burden. Talking to us right away also ensures that we can preserve important evidence and meet any applicable legal deadlines.

Again, our consultation is free, confidential, and there is absolutely no obligation to hire us. We’re just here to listen to your story and explain how we might be able to help. Give us a call today or contact us online for a free consultation with a New York wrongful death attorney.