Losing a loved one is an unimaginable tragedy, but it becomes even more devastating when their death is the result of someone else’s negligence or wrongful actions. New York law provides a legal avenue for surviving family members to seek justice and compensation through wrongful death claims.
Knowing your rights and compensation options lets you hold the negligent party responsible and receive a settlement to pay for accident-related expenses and intangible losses.
What Is Wrongful Death?
Wrongful death refers to a type of personal injury claim arising when someone’s negligence, recklessness, or intentional misconduct causes a person’s death. This legal recourse is designed to hold responsible parties accountable for their actions and compensate the surviving family members who have suffered losses.
Wrongful death claims can result from various circumstances, such as car accidents, medical malpractice, workplace accidents, defective products, or criminal acts. A successful wrongful death claim in New York requires establishing the following elements:
- Duty of Care: The responsible party owed a duty of care to the deceased person.
- Breach of Duty: The responsible party breached this duty through their actions or negligence.
- Causation: The breach of duty directly led to the person’s death.
- Damages: Surviving family members suffered quantifiable losses due to the person’s death.
Types of Compensation in Wrongful Death Claims
Surviving family members in New York may be entitled to various forms of compensation, depending on the circumstances of the wrongful death. Compensation can include:
- Medical Expenses: This may cover the cost of medical treatment, hospitalization, and any related expenses incurred before the person’s death.
- Funeral Costs: Funerals can be expensive, and families may be eligible for compensation to cover burial and funeral expenses.
- Lost Financial Support: If the deceased person was the primary earner in the family, surviving family members may receive compensation to replace the lost income.
- Pain and Suffering: Compensation may also be available for the emotional pain, suffering, and mental anguish endured by surviving family members as a result of the wrongful death.
- Loss of Companionship: Spouses, children, and other dependents may receive compensation for losing the deceased person’s companionship, guidance, and support.
The Role of an Attorney
The legal complexities of a wrongful death claim in New York can be overwhelming for grieving families. Filing a claim with the appropriate party, gathering evidence, and meeting the two-year statute of limitations requires the help of a compassionate, capable attorney.
An experienced wrongful death lawyer from Catalano Law can provide invaluable guidance throughout the legal process, including:
- Investigating the Case: We can help gather evidence, interview witnesses, and reconstruct the events leading to the wrongful death.
- Establishing Liability: Proving negligence or wrongful actions on the part of the responsible party is essential to a successful claim.
- Calculating Damages: We can help determine the full extent of financial losses, emotional suffering, and other damages to ensure fair compensation.
- Negotiating With Insurance Companies: Insurance companies may offer a low settlement. We can negotiate on behalf of your family to secure a fair settlement or take the case to court if necessary.
Seek Compassionate, Skilled Representation for Your Wrongful Death Claim
Losing a loved one is a devastating experience, but with the help of a qualified Syracuse wrongful death attorney, you can receive the legal support and guidance you need to heal.
At Catalano Law, we understand the emotional and financial toll of wrongful death cases. Our experienced attorneys are dedicated to helping New York families secure the compensation they deserve while holding responsible parties accountable.
Contact us today for a free consultation.