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Under New York law, surviving family members have the right to sue for “wrongful death” when their loved one dies due to the careless, reckless, or intentional conduct of another person or entity. A wrongful death claim can help family members recover compensation and help them to cope with the loss of their loved one. While this compensation cannot counteract the grief and sorrow that comes with a tragic loss, it can help the surviving spouse, children, and others to move forward with their lives without struggling financially.

The experienced and compassionate lawyers of Powers & Santola, LLP, have fought on behalf of families in Rochester and across upstate New York for more than three decades. We have the skill and resources you need on your side if you lost a loved one in an unexpected and untimely accident. We understand what you are going through, and we are committed to making sure that you are able to heal and move forward with your life after losing someone you love. To learn more, contact us today for a free consultation.

What Are Common Types
of Wrongful Death Cases in New York?

Individuals or companies can be held liable if their actions lead to someone’s death. These unexpected fatal events can happen at any time, anywhere. However, as our personal injury attorneys have seen in Rochester over the years, wrongful death cases most often arise in these areas:

Motor Vehicle Accidents

Accidents are a common occurrence on the busy highways and roads in Rochester and across Monroe County. Most accidents are caused by driver negligence and could have been avoided if the person had been safely operating the vehicle.

When two vehicles collide, occupants could suffer fatal injuries. If a driver was texting, talking on the phone or otherwise distracted behind the wheel, that driver could be held liable if they cause a fatal accident. Other reasons for fatal crashes include intoxicated driving, drowsy driving, speeding, reckless driving, and failing to yield.

Accidents involving commercial vehicles can also be fatal. If a truck driver is not paying attention, driving while drowsy or under the influence, the driver and the company that employs the driver could be held responsible for any fatal accidents they cause. The trucking company or maintenance shop could also be at fault if the accident was caused by an improperly loaded or poorly maintained truck. Additionally, a parts manufacturer could be liable if the accident was caused by a defective part.

Medical Malpractice Claims

When a doctor, surgeon, nurse, or other health care professional or facility fails to uphold the standard of care that patients have the right to expect, and a patient dies as a result, the surviving family members may have a valid wrongful death claim. Examples of wrongful death claims include cases which involve:

Missed or delayed diagnosis of a condition such as cancer
Anesthesia errors
Surgical errors
Medication errors
Failure to properly monitor a patient
Allowing infections to occur.

At Powers & Santola, LLP, we will investigate the treatment that your loved one received and consult with highly knowledgeable medical professionals in order to determine whether you have a valid medical malpractice wrongful death claim.

Construction Injuries and Accidents

New York State’s labor laws require construction site owners and contractors to ensure the safety of workers. If they fail to do so, and a worker dies as a result, the worker’s family members may be eligible to recover just compensation through a wrongful death claim.

Some of the most common causes of death in the construction industry in Rochester and other areas of New York are:

Falling (including falls from heights and slip-and-falls)
Falling objects and materials
Negligent operation of vehicles
Careless operation of construction, demolition, and excavation machinery
Fires and explosions
Electricity (or electrocution accidents)
Dangerous tools, machines and materials
Negligent handling and movement of heavy materials
Exposure to the elements and air contaminants

New York’s labor laws are highly complex. So, it will make a difference in your case to work with a law firm that has experience and in-depth knowledge of how to pursue compensation for clients through these laws.

Other Types of Accidents

Other types of wrongful death claims that Powers & Santola, LLP, handle for families in Rochester and throughout New York include:

Car Accidents
Motorcycle accidents
Pedestrian and bicycle accidents
Slip and fall (premises liability)
Fire liability
Drowning
Animal attacks
Nursing home abuse or negligence

If you suspect that your loved one’s death was the result of a negligent act, don’t hesitate to reach out to an experienced wrongful death attorney at Powers & Santola, LLP, to get a thorough evaluation of your case.

Legal Elements of a Wrongful Death Lawsuit

If your family decides to pursue a wrongful death case, you will bear the burden of proof of showing the presence of all of the legal elements necessary to establish this type of claim. Most wrongful death cases in New York are brought under the legal theory of negligence, which requires showing the following:

The defendant owed the decedent a legal duty of care.
The defendant violated the duty of care.
Violating the duty of care caused the death.
There are surviving family members eligible under the New York wrongful death law who are eligible to collect damages.
The surviving family members suffered financial losses due to the death.

If you are pursuing a survival action in tandem with a wrongful death case to recover additional damages, such as the victim’s conscious pain and suffering, you may have to prove additional information, such as that your loved one was aware of the pain, however brief, before their death.

Because wrongful death cases are so complex, it’s best to work with an experienced lawyer who has handled legal cases like yours before.

How Do You File a
Wrongful Death Lawsuit?

Wrongful death claims in New York must be filed by a representative of the deceased person’s estate. The claim is filed on behalf of the surviving family members. When you hire an attorney at our law firm to represent you, your attorney, and our legal team will quickly investigate the accident, collect and preserve evidence and prepare the strongest possible case on your behalf.

When pursuing compensation, the evidence must show:

The defendant owed a duty of care to your loved one.
The defendant breached that duty of care.
Your loved one died as a result of the defendant’s specific actions or inaction.
You and your family members have suffered harm as a result of the defendant’s negligence.

New York law generally requires wrongful death actions to be filed within two years of the person’s death. This limitation is known as the “statute of limitations.” A court can dismiss any claim that is filed after this period of time passes. Other time limits, of course, may apply to your case. For this reason, it is crucial to consult with an attorney as early as possible. The attorney can determine the deadlines which apply to your case.

What Damages Can You Pursue
in a Wrongful Death Claim?

The specific types of damages that surviving family members are entitled to recover in a wrongful death claim depend on the particular circumstances surrounding the loved one’s death. Some commonly awarded damages in Rochester wrongful death claims include:

Funeral and burial expenses
Medical expenses related to the person’s final injury or illness before the death
Wages and other benefits lost between the person’s injury and the death
Loss of future earnings and support
Interest on the damages award, calculated from the date of death

Unlike many other states, New York does not allow for the recovery of pain, anguish, and the loss of companionship in a wrongful death lawsuit.

Survivorship Action Damages

If the personal representative files a survivorship action, they can seek additional damages based on the losses the decedent experienced between the time of the injury and death. These damages are the same as those that the decedent would have been able to recover had they filed a personal injury lawsuit, such as:

Medical bills
Lost wages
Reduced earning capacity
Property damage
Other injury-related expenses
Conscious pain and suffering
Mental anguish
Emotional distress

Interest can also be added to damages recovered in survivorship actions, calculated from the time of death.

Punitive damages could also be available in survivorship actions, but these damages are rare and are intended to punish the defendant, rather than compensate the victim or their family. As such, they are reserved for cases involving particularly egregious behavior.

How Much Is My Wrongful Death Case Worth?

Every wrongful death case is unique. Various factors can potentially affect the case’s value, such as:

The decedent’s age: The younger the decedent was at the time of death, the greater the potential economic losses the family might suffer. An economic expert may testify about the decedent’s projected lifetime earnings to help provide a basis for this element of damages.
The decedent’s health: Another factor that can affect the claim’s potential value is the decedent’s health before the accident that resulted in their death and its impact on their life expectancy. Healthy individuals with a longer life expectancy may translate into higher damages for their surviving family members.
Contributions to the household: New York’s wrongful death law is primarily concerned with economic losses the family suffers as a result of the fatal accident. As such, the decedent’s future income, employment benefits, and services they provide to the household can all be relevant to calculating fair compensation.
Dependents and family role: The decedent’s role within the family and how they contributed to the household will be factored in when determining damages.
Pain and suffering: In a survivorship action, you can request pain and suffering damages, but these are notoriously difficult to quantify. Courts can consider the time between injury and death, the pain severity, the victim’s knowledge of the impending death, and how long they suffered. Generally, the more prolonged or more intense the pain, the greater the potential damage award.
Proof: Because New York wrongful death cases focus on pecuniary damages, you must be able to prove the value of these losses. Cases have been appealed, and verdicts have been adjusted when appellate courts have found there is not sufficient proof to justify an award for certain aspects of the damage claim.
Insurance coverage: If the case is resolved through an insurance claim, the insurance company will only make a settlement up to the policy limits.

Proving damages in wrongful death cases can be incredibly complex. Hiring expert witnesses to help make complex financial calculations about the decedent’s projected lifetime earnings and benefits is often necessary. Damage awards can be reduced if it is found that the decedent contributed to their own injuries. An experienced wrongful death lawyer can guide you through the legal process of valuing and demanding compensation for all applicable damages.

How Much Does It Cost
to Hire a Wrongful Death Lawyer?

Powers & Santola, LLP, represents clients on a contingency fee basis. Under this type of fee arrangement, our law firm will not collect a single cent from you unless we secure compensation on your behalf. We do this because we believe that families should not have to worry about legal fees during this challenging time. We know that you are already under enough financial stress and strain, and you should not have to struggle to pay upfront for legal representation. In your consultation, we can discuss the fee we will charge if we are successful in your case. Typically, it will represent a percentage of the amount recovered on your behalf.

We also will never charge for a consultation. We want you to feel free to speak with a lawyer in order to learn about your legal rights and the options which may be available to you.

Who Is Eligible to Recover Compensation in a Wrongful Death Case?

While the personal representative of the decedent’s estate files the wrongful death lawsuit, they do so for the benefit of the surviving family members. New York’s wrongful death law allows a personal representative to pursue compensation when there are distributees of the estate, such as:

The widow or widower
Children or grandchildren
Parents, siblings, or other family members

For survivorship actions, the recovered damages go to the estate for distribution according to the will or the rules of intestacy. An experienced attorney can review your case and explain whether you may be able to receive proceeds from a wrongful death award.

Criminal Case Vs. Wrongful Death Case

In some wrongful death cases, there are two cases that go on at the same time: a criminal case and a civil case. These cases have key differences, and it’s essential to understand them. Criminal cases are filed in criminal court, and the prosecutor represents the government’s interests. The prosecutor decides which criminal charges to file against the defendant and is responsible for proving the defendant’s guilt by proof beyond a reasonable doubt. If the judge or jury has reasonable doubt, they must find the defendant not guilty. Due to this higher burden of proof, it is more difficult to secure a verdict in criminal court than in civil court.

Criminal cases aim to punish the defendant for crimes they’ve committed, such as drunk driving or murder. They also serve as a deterrent to other people, trying to prevent them from committing crimes in the first place. If a defendant is found guilty, they are subject to criminal penalties, which might include incarceration, fines, probation, and other consequences.

A civil case is filed in civil court. The plaintiff in a wrongful death case is the personal representative of the victim’s estate. The representative can hire a wrongful death attorney to represent their interests. To win a civil case, the plaintiff’s lawyer must prove the defendant is more likely than not responsible for the death and related losses. This only requires showing a little over a 50% likelihood, compared to the much higher burden of proof in criminal cases.

Personal injury cases are focused on recovering compensation for the victims. The civil court has no other way to provide a sense of justice than to award damages to the victim. Civil cases and criminal cases may involve similar facts and evidence.

What to Do If You Suspect You Have a Wrongful Death Case

If you believe your loved one died under circumstances that warrant a wrongful death claim, it’s important that you take steps to preserve your legal rights. Here is a checklist of what to do during this critical time:

Appoint a personal representative. The personal representative will need to file the wrongful death case, so the first order of business is to proceed with a probate case and the appointment of a personal representative. This could be the person named in the will, the surviving spouse, or another individual. Appointing a personal representative is a court-involved process, so it can take some time, so you should begin the process promptly.

Request copies of records. You will need various records to advance your legal case, including the death certificate, autopsy reports, police reports, and medical records. You will need to be able to show how the decedent died to make your claim, and these documents may help with this obligation.

Gather evidence. There may be other forms of evidence that can help prove negligence, such as photos or videos of the accident scene, witness statements, or physical evidence. A skilled attorney can follow up with this evidence to further develop it, interview witnesses to determine who is credible and can help support a case, and identify all parties responsible for the death. If you have personal knowledge of the decedent’s death, record your personal account of events before you forget any key details that could be critical in your case.

Prove damages. Gather pay stubs, tax returns, receipts, invoices, bills, and other proof of financial damages.
Contact an experienced wrongful death attorney. A lawyer can guide you through the legal process, demand maximum compensation, and handle settlement negotiations with the insurance company. You can rely on them during this difficult time.

Call our law firm today to discuss your case during a free and confidential consultation with a compassionate wrongful death lawyer. [/title]

Why Choose Powers & Santola,
LLP, for Your Wrongful Death Claim?

At Powers & Santola, LLP, we have pursued compensation for families just like yours for more than three decades. We know how to thoroughly prepare wrongful death claims, aggressively negotiate full and fair settlements and successfully try cases in front of juries if a trial is necessary. We believe that our commitment to our clients and our focus on providing compassionate, caring representation for them is what sets us apart. In fact, we handle only select cases in order to ensure that we devote all of our resources to each and every client we serve and to develop close working relationships with them.

Get Help from Our Wrongful Death Law Firm in Rochester Today

If you have any reason to believe that someone’s negligent or otherwise wrongful conduct caused the death of your loved one, you should seek legal help as soon as possible. Contact the highly compassionate and professional attorneys of Powers & Santola, LLP, and allow us to provide a free and confidential review of your case today through our Rochester office.

Call Today! (518) 465-5995

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