Clarkstown Wrongful Death Lawyer

If one of your loved ones has lost their life due to another party’s negligence, you have the right to recover compensation by filing a wrongful death lawsuit. Our Clarkstown wrongful death lawyers are here to guide you through the process. The idea of filing a lawsuit to recover financial compensation might be the last thing on your mind when you’re facing your worst nightmare but you also need to think of the medical and funeral bills and replacement income.

A wrongful death settlement is not going to bring back the loved one you have lost but it will certainly help in bringing a sense of closure and help you get over some of the financial difficulties due to the tragedy. The personal injury attorneys at Cellino Law have decades of experience in handling wrongful death claims.

How Is Wrongful Death Defined in New York?

In the state of New York, wrongful death is defined as when a person has lost their life due to the negligent actions of another person or an entity. The common-law negligence principles are applicable here. In simple terms, it means that the party can be held liable in case it’s proven that the victim lost their life due to failure on part of the responsible party. However, it needs to be proven that the party responsible for the action was acting negligently and that is what led to the death. There are certain things that will need to be proven:

  • The party responsible had a duty of care or legal obligation to act in a cautious manner.
  • The party responsible violated the duty of care.
  • The victim lost their life due to this violation of the duty of care by the party responsible.

Who Is Qualified to File a Wrongful Death Claim in New York?

In the state of New York, only the personal representative of the estate of the victim is legally qualified to file a wrongful death claim. Keep in mind that family members are not allowed to file a claim in the state of New York, unlike in some other states. If you are a family member and the personal representative of the victim’s estate, you are allowed to file a claim as an exception.

Get in touch with a wrongful death attorney at Cellino Law to schedule a free consultation and to determine whether you have a wrongful death claim.

What Type of Damages Are Recoverable?

The main goal of filing a wrongful death lawsuit is to recover economic losses due to the death of a loved one. Several types of damages are awarded in wrongful death claims and some of these include economic damages as well as non-economic damages.

Economic Damages

This category typically includes the cost of medical bills, and costs of the funeral, such as burial or cremation. It also includes loss of earnings as well as future potential earnings. Inheritance amount can also be recovered as it might be less than what would have been left by the deceased if they hadn’t lost their life. The age of the victim as well as their life expectancy are some of the factors that are evaluated to calculate economic losses.

Non-economic Damages

This category includes damages for services provided by the deceased such as caring for children, emotional support as well as moral training. Another example of non-economic damage would be the loss of parental guidance that would have been provided by the deceased.

Woman hugging son, loss of parent concept

Can Surviving Family File for Punitive Damages?

In certain cases, punitive damages might be awarded by the court in addition to the economic and non-economic damages but everything depends on the situation as well as the facts of the case. Punitive damages are generally awarded in situations where the party responsible was involved in dangerous behavior and that led to the death of the victim. However, claims for punitive damages are rarely successful in the state of New York.

If you believe that you have grounds for recovering punitive damages, it is best to get in touch with the experienced Clarkstown wrongful death lawyer at Cellino Law to determine your legal options and the potential worth of your case.

How Is Negligence Proved in a Wrongful Death Case?

One of the most complex things about a wrongful death claim is that these are extremely difficult to prove. One of the most important elements that need to be proven is that the deceased would not have lost their life but for the negligent or wrongful act of the defendant. Some of the examples of wrongful or neglectful acts include medical malpractice, drunk driving, manufacturing of a defective product, and more.

Proving negligence in a wrongful death case will vary from case to case but it is necessary to prove these things in most cases:

  • The defendant acted in a negligent manner.
  • The wrongful or negligent actions of the defendant led to the death of the victim.
  • There are surviving relatives such as children or a spouse and the surviving relatives have suffered financial damages due to the death of the victim.

How Do You Start a Wrongful Death Claim in New York?

In order to start a wrongful death claim in New York, you need to get in touch with experienced wrongful death claim attorneys at Cellino Law to know more about your legal options and whether you have a case.

We will listen to your case and help you understand your legal options as well as the potential value of your case and how to navigate the complicated legal process. The statute of limitations applies in such cases. The claim should be filed within two years.

Call a Clarkstown wrongful death lawyer at Cellino Law

What Is the Difference Between a Wrongful Death Claim and an Estate Claim?

When a person dies due to the negligent or wrongful actions of others, the New York law allows the administrator or executor of the estate of the deceased to file a wrongful death claim against the party responsible. In wrongful death cases, damages are not awarded for pain and suffering.

Sometimes, the person who has been in a catastrophic accident survives initially but dies from injuries at a later date before filing for any losses or damages. In such cases, the New York law allows the estate representatives to file a survival action case. This case is brought in the name of the deceased and in such cases, the recoverable damages include personal losses such as pain and suffering experienced by the victim between the time of the incident and the time of death.

Get in touch with experienced attorneys at Cellino Law to know more about survival action and wrongful death claims.

Contact an Experienced Clarkstown Wrongful Death Lawyer

Here at Cellino Law, we understand how difficult it is to deal with the aftermath of an unexpected and untimely death. While no amount of money is going to bring back your loved one but the party responsible for their death must be held accountable. You should not suffer financial hardships due to losing your loved one as a result of the negligent actions of others.

The attorneys at Cellino Law have extensive experience in handling wrongful death cases. We have helped many clients recover the compensation they deserve. We will fight for your rights and help you recover the maximum possible compensation. We can help you determine whether you have a potential case.

Give us a call at (888) 888-8888 to schedule a completely free consultation and to know more about your legal options.



Free Case Review



  • I am so grateful for your expertise, patience, and perseverance which resulted with such a successful settlement regarding my car accident. I also want to let you know how impressed I was with you and your firm and I won't hesitate to recommend you to anyone who needs assistance from an accident. I truly appreciated your care and professionalism. Thank you again for your kindness and support


  • I just want to let you know that I did receive my settlement check. More importantly, I want to thank you again for all you did for both me and my family. I could not be more pleased with my experience at Cellino Law. From the moment I first spoke with you I felt comfortable - you took a sincere interest in my case, clearly explained the process and effected a quick settlement. From this day forward, when someone asks if I can recommend a good lawyer I will, without hesitation, say "Cellino Law". Thanks again.


  • Mark Kochanowicz is from far the best attorney you can have. Mark treats you like a friend more than a client. He truly cares and go the extra mile for you and your case, contacts you to update you in regards to your case and keep you informed at all times. Mark represented me twice and settled my cases for way more than I expected. I highly recommend Mark Kochanowicz because he is just the best on what he does!!! Thank you Mark!!!!


  • We want to send a big "Thank you" from the both of us. We know you both fought for us and did a great job with our case. You did it in a timely manner and we appreciate it.

    Kerrijo & Jerry

  • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.


  • My experience during the time of negotiations was extremely positive. Josh Sandberg handled my lawsuit with the utmost integrity. He returned all my phone calls in a timely manner and answered all my questions. Josh made things less stressful. I would highly recommend Josh and the entire staff at Cellino Law.