Yonkers Wrongful Death Lawyer

April 8, 2025
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Yonkers Wrongful Death Lawyer

Yonkers Wrongful Death Lawyer – Legal Support When You Need It Most

Losing someone you love is devastating—especially when their death could’ve been prevented. The pain runs deep, and the questions don’t stop. Who’s responsible? What happens next? If you’re searching for a Yonkers wrongful death lawyer, chances are you’re feeling overwhelmed, hurt, and unsure where to turn. The emotional toll is heavy, and the financial stress—funeral costs, lost income, medical bills—only adds more weight to an already unbearable situation.

At MB Injury Lawyer, we understand how difficult this time is. Our team of experienced wrongful death attorneys from Yonkers is here to take the legal burden off your shoulders. We work closely with families to pursue wrongful death claims with compassion and strength—fighting for the justice and compensation you deserve.

Book a consultation now, and let us help you recover your compensation while you focus on healing.

What to Do Immediately After a Wrongful Death Incident in Yonkers? 

Dealing with the sudden loss of a loved one is emotionally crushing—but the steps you take next can directly impact your wrongful death claims. Taking the right actions early on helps protect your legal rights and builds a stronger case. If you’re facing a wrongful death case in Yonkers, here’s what you should do as soon as possible:

1. Contact Law Enforcement

Call 911 to report the incident immediately. A police report provides essential documentation for wrongful death lawsuits and helps establish fault.

2. Preserve All Evidence

Keep records such as medical reports, death certificates, and any surveillance footage or eyewitness accounts. These details are crucial for Yonkers wrongful death attorneys building your case.

3. Avoid Speaking to Insurance Adjusters

Insurance companies often try to minimize wrongful death compensation. Always speak to a wrongful death attorney in Yonkers before giving any statements.

4. Know Your Legal Rights

Under New York law (EPTL § 5-4.1), only certain individuals can file wrongful death claims. Understanding your eligibility is critical.

5. Reach Out to an Experienced Lawyer

If you’re looking for a Yonkers wrongful death lawyer near me, our team is here for you. As trusted wrongful death lawyers in Yonkers, we’ll guide you every step of the way toward justice.

What Are the Most Common Causes of Wrongful Death in Yonkers? 

Wrongful deaths can happen in an instant—but the consequences last a lifetime. While every case is different, there are common situations where families turn to a Yonkers wrongful death lawyer to seek justice. Understanding these causes can help you determine if your loss may qualify for legal action.

1. Motor Vehicle Accidents

Car, truck, and motorcycle crashes are leading contributors to wrongful death cases in Yonkers. According to NYS Traffic Safety Statistics, driver negligence—speeding, DUI, or distracted driving—is often a major factor.

2. Medical Malpractice

Errors in diagnosis, surgery, or treatment can lead to preventable deaths. A wrongful death attorney in Yonkers can hold healthcare providers accountable for fatal mistakes.

3. Workplace and Construction Accidents

Falls, equipment failures, and unsafe job sites cause numerous deaths each year. Survivors may be entitled to wrongful death compensation through legal claims.

4. Dangerous or Defective Products

Faulty car parts, unsafe drugs, or defective household items can result in fatal injuries. These cases require strong evidence and experienced Yonkers wrongful death attorneys to pursue compensation.

5. Acts of Violence or Negligent Security

Unlawful actions, combined with inadequate property security, may lead to fatal harm. Civil wrongful death lawsuits can be filed even if criminal charges are pending or dismissed.

What Compensation Can You Recover in a Wrongful Death Case in Yonkers? 

A wrongful death not only leaves emotional wounds—it can also create financial hardship for those left behind. If you’ve lost someone due to another’s negligence, a Yonkers wrongful death lawyer can help you pursue full and fair wrongful death compensation. Here’s what you may be able to recover through a wrongful death lawsuit:

1. Medical Expenses

Covers costs related to emergency care, hospitalization, and treatment before your loved one’s passing.

2. Funeral and Burial Costs

Compensation can include funeral arrangements, cremation, and burial fees, which can often exceed $10,000.

3. Lost Income and Future Earnings

If the deceased was a family’s primary earner, wrongful death damages can include lost wages and future financial support.

4. Pain and Suffering

Survivors may recover damages for the conscious pain and suffering the deceased experienced before death.

5. Loss of Parental Guidance and Support

Children may be compensated for the emotional and developmental impact of losing a parent.

6. Loss of Consortium

Spouses may claim emotional suffering and loss of companionship caused by the death.

7. Punitive Damages (in severe cases)

If gross negligence is involved, courts may award additional punitive damages to deter similar behavior.

Can You Sue for Wrongful Death if the Victim Had a Pre-Existing Condition?

Yes, you can still file wrongful death claims even if your loved one had a pre-existing condition. The law focuses on whether the negligent act directly caused or accelerated the death—not just the person’s health history.

A knowledgeable Yonkers wrongful death lawyer will gather medical evidence and expert opinions to prove that the death resulted from someone else’s actions, not the pre-existing issue alone. Book a free consultation today to explore your legal options.

What If the Responsible Party Is Uninsured or Underinsured?

If the at-fault party is uninsured or underinsured, you may still have options to pursue wrongful death compensation. In some cases, a claim can be made through the victim’s own uninsured/underinsured motorist coverage or other liable third parties.

A skilled wrongful death attorney in Yonkers can investigate all possible sources of recovery to ensure your family isn’t left with the financial burden. 

Can Multiple Family Members File a Wrongful Death Claim?

In New York, only the personal representative of the deceased’s estate can file wrongful death claims—not multiple family members individually. However, the compensation awarded can benefit all eligible survivors, such as spouses, children, or parents.

An experienced Yonkers wrongful death lawyer can help ensure the claim is filed correctly and that all family members receive their fair share of the wrongful death settlement.

Different Types of Wrongful Death Cases Our Lawyers Handle

Wrongful death can happen in many ways, and every situation comes with its own legal complexities. At MB Injury Lawyer, our experienced Yonkers wrongful death attorneys handle a wide range of cases with care, precision, and a deep commitment to securing justice. If you’ve lost someone due to negligence, here are some of the most common types of wrongful death cases we take on:

  • Motor vehicle accidents caused by reckless, drunk, or distracted drivers.
  • Medical malpractice involving fatal misdiagnoses, surgical errors, or delayed treatments.
  • Workplace accidents, especially in construction or industrial settings.
  • Defective products that lead to fatal injuries due to design flaws or lack of warnings.
  • Premises liability incidents, such as fatal slip and falls on unsafe property.
  • Violent crimes or negligent security, where preventable acts of violence occur due to lack of proper safety measures.

Our team of wrongful death lawyers in Yonkers fights for families in all these scenarios and more. If you’re looking for a Yonkers wrongful death lawyer near me, contact us to learn how we can support your case from start to finish.

How to Book a FREE Consultation With Our Wrongful Death Lawyers in Yonkers? 

Getting started with your wrongful death case in Yonkers doesn’t have to be complicated. Our team offers a free consultation to review your situation, explain your rights, and help you take the next step with confidence.

If you’re looking for a Yonkers wrongful death lawyer near me, call us today at (347) 639-0349 or visit our website to complete the online form. We’ll get back to you quickly and help you move forward with the support you deserve.

What Can Our Wrongful Death Lawyers Do for You? 

At MB Injury Lawyer, we know how overwhelming it feels to deal with the loss of a loved one—especially when it was preventable. Our Yonkers wrongful death attorneys are here to stand by your side, handle the legal details, and fight for the compensation you deserve. Every case matters deeply to us, and we work hard to bring peace of mind during such a difficult time.

Here’s what we do to support your wrongful death case in Yonkers:

  • Investigate the Incident Thoroughly – We gather key evidence, witness statements, and expert opinions.
  • Determine Liability – Identify all responsible parties, from individuals to corporations.
  • Handle All Legal Paperwork – Including court filings and deadlines related to your wrongful death claims.
  • Negotiate with Insurance Companies – So you’re not pressured into low offers.
  • Pursue Maximum Compensation – Including wrongful death damages like lost income and emotional loss.
  • Take the Case to Trial if Needed – We don’t settle for less if your family deserves more.
  • Offer Clear, Compassionate Guidance – From start to finish, we keep you informed and supported.

If you’re looking for a Yonkers wrongful death lawyer near me, give us a call today. Let’s talk—no pressure, just answers.

Why Choose MB Injury Lawyer for Your Wrongful Death Case in Yonkers?

Choosing a legal team during a time of grief isn’t easy—but it matters. At MB Injury Lawyer, we bring more than just legal knowledge. We bring heart, strategy, and relentless dedication to every wrongful death case in Yonkers we take on. Families trust us because we treat every case like it’s personal—because to us, it is.

Here’s what sets our Yonkers wrongful death attorneys apart:

  • Proven Success – We’ve recovered millions in wrongful death settlements across New York.
  • No Fees Unless We Win – You don’t pay us unless we secure your wrongful death compensation.
  • Insider Advantage – Our lead attorney, Michael Benenati, is a former defense lawyer who knows how insurance companies operate—and how to beat them.
  • Client-First Approach – Clear communication, honest answers, and strategies that align with your goals.
  • Respected Reputation – Recognized as one of the best wrongful death lawyers in Yonkers by our peers and clients alike.
  • Full Legal Support – From investigation to trial, we handle it all so you don’t have to.

Looking for a Yonkers wrongful death lawyer near me? Call (347) 639-0349 today or fill out our online form to start your free consultation.

1. Can I still file a wrongful death claim if the cause of death is under investigation?

Yes. You can start working with a Yonkers wrongful death lawyer while investigations are ongoing. Civil cases are separate from criminal probes and can proceed independently.

2. What if my loved one didn’t have a will—can we still pursue compensation?

Absolutely. The court will appoint a personal representative to file wrongful death claims on behalf of surviving family members. A wrongful death attorney in Yonkers can help with this process.

3. How are wrongful death settlements taxed in New York?

Generally, wrongful death settlements are not taxable under federal or New York state law if awarded for physical injury or illness. However, punitive damages may be taxed. IRS guidelines explain this further.

4. Can I recover damages for emotional distress as a family member?

New York does not allow family members to claim wrongful death damages for their own emotional suffering, but damages for the decedent’s pain and suffering may be recovered.

5. Is there a cap on wrongful death compensation in New York?

No. There is currently no cap on wrongful death compensation in New York. Your recovery depends on the specifics of your case, which a Yonkers wrongful death lawyer can evaluate.

6. How do I know if I have a valid wrongful death case in Yonkers?

If your loved one died due to someone else’s negligence or misconduct, you may have a case. Contact our Yonkers wrongful death attorneys for a free review and honest legal advice.

Let’s Help You Find the Justice Your Family Deserves

Losing someone to negligence is painful enough—fighting for justice shouldn’t add to that burden. At MB Injury Lawyer, our Yonkers wrongful death attorneys are here to guide you with compassion, skill, and a relentless commitment to your case. We’ll focus on the legal battle so you can focus on healing.

If you’re searching for the best wrongful death lawyer in Yonkers, don’t wait. Call us at (347) 639-0349 or fill out our online form for a free consultation. Let us fight for the wrongful death compensation your family truly deserves.

Serving Clients in Yonkers, NY

Our attorneys assist clients throughout Yonkers, NY, including Downtown Yonkers with its vibrant waterfront and Crestwood’s historic charm. Notable landmarks include Untermyer Park and the Hudson River Museum.

Contact Information

Michael Benenati, Attorney at Law
37-08 28th Avenue, Suite 302
Astoria, New York 11103
+1 347-639-0349

We serve clients in Yonkers from our Astoria office.