Wrongful Death Attorney in Syracuse

The loss of a loved one can be a devastating event that leaves the entire family without emotional and financial support. If the income for the family is unexpectedly cut in half (or completely lost if the deceased was the sole breadwinner), then it will mean enormous changes for everyone involved.

It could also mean a loss of services around the home and loss of help with raising the children. It may seem hard for some people to put a price tag on these things. However, if you need to pay for day care, lawn care or other services that your deceased loved one would have provided, those costs can be compensable in a New York wrongful death claim.

New York law gives surviving spouses and children the right to pursue compensation to make up for or replace the losses associated with a wrongful death. Compensation will vary from case to case. However, in general, you may be entitled to compensation in a wrongful death claim for damages such as:

• Medical expenses associated with final care and treatment
• Funeral bills and burial costs
• Loss of financial support
• Loss of services
• Loss of inheritance.

Compensation will depend on the facts of the case. In some cases, surviving family members may be eligible to pursue punitive damages. These damages are only awarded where the defendant acted willfully or with utter disregard for human life. They are meant to punish wrongful conduct and deter similar conduct in the future. For instance, punitive damages may be the only way to send a message to big companies that manufacture dangerous medical devices or prescription drugs.

What Is My Wrongful Death Case Worth?

These cases are incredibly fact-specific. The potential compensation you can recover depends on various factors and your ability to prove the value of your economic losses. Relevant considerations include:

• The decedent’s age and health at the time of their death
• Their life expectancy
• Their profession, industry, and occupation
• The contributions they made to the family
• Your relationship to the decedent and how you rely on them financially
• The circumstances surrounding the death
• Whether your case is settled or goes to trial
• How many people stand to receive a portion of the recoverable damages

An experienced attorney can review your particular situation and determine what your case might be worth after carefully analyzing the facts specific to your case.

What Is the Difference in a Criminal Case and a Wrongful Death Case? 

Your loved one might have died under circumstances that implicate a criminal case. For example, if your loved one died in a drunk driving crash or due to a murder, the defendant could be facing criminal charges, as well as the fallout of a civil claim. If a criminal case is involved, you might wonder why you would need to bring forth a civil case. There are several reasons, including:

• The purpose is different – Criminal cases are concerned with punishing the wrongdoer for violating the law. The prosecution does not directly represent the victim. Instead, they are interested in representing justice. Sometimes, they make plea bargains, agree to dismiss charges, or take other actions that do not best serve the needs of the victims or their surviving loved ones. Wrongful death claims are concerned with providing financial compensation to grieving family members to ease the financial burdens brought on by the premature death. This is the only way civil courts can give a sense of justice to the family who has recently lost a cherished member of their family. 

• The standard of proof is different – In criminal cases, prosecutors must establish the facts by proof beyond a reasonable doubt. The evidentiary standard for a civil case is much lower, only at by proof by the preponderance of the evidence. You simply need to show that you have a valid basis for the claim, and the facts are more likely than not as you have asserted them. This can allow you to win a civil case more easily than you might a criminal one. 

• You still have a deadline to file your case – Even if your case involves a criminal one, you must still take legal action to preserve your right to compensation through a wrongful death claim. The deadline to file a civil lawsuit is one year from when the criminal case terminates, as defined by law.

Survivorship Action Vs. Wrongful Death

In addition to wrongful death claims, New York law allows the personal representative to pursue a survivorship action. This is a legal case filed on behalf of the decedent for damages they would have been able to recover had they survived the accident. The relevant timeline for assessing these damages is the time between the accident and their death. 

Through a survivorship claim, you might be able to recover compensation for the following:

• The medical expenses your loved one incurred due to the accident from the date they were injured until their death
• Your loved one’s lost wages for the time period between the injury and the date of death
• Any discernible reduction in their long-term earning capacity during this time period
• Property damage they sustained
• Their conscious pain and suffering

Our experienced wrongful death lawyers can review your situation to determine if you have legal grounds to file a survivorship action.

How Long Will My Wrongful Death Case Take?

Every personal injury case is different. How long a particular case takes depends on several variables. However, one important factor is whether the case goes to trial or is settled. The vast majority of these personal injury cases never make it to the courtroom, which might give you some relief if you don’t have to think about appearing in court to discuss this painful situation. 

Other factors that can affect your case timeline include the following:

• How the death occurred
• Who is responsible for it
• The jurisdiction where your case would be filed
• Whether liability is in dispute

Be prepared for your case to take anywhere from a few months to a few years to resolve. When you hire our wrongful death lawyers, we work diligently to progress your case. 

How Much Does a Wrongful Death Lawyer Cost?

Some people forfeit their pursuit of a wrongful death claim because they believe they can’t afford to hire a lawyer. However, our personal injury attorneys work on a contingency fee basis, so you don’t have to pay anything upfront to retain our legal services. We work diligently on your case and get paid at the end as a percentage of the compensation we recover on your behalf. This arrangement prevents you from having to worry about paying for legal services you can’t afford.

How Does a Wrongful Death Claim Work?

While each case is unique, the general legal process involved includes the following:

• Filing a legal claim: The process usually begins by providing a notice of claim to the governmental agency responsible for the accident or notifying the defendant’s liability insurance provider of the death and your request for damages. 
• Investigation: The insurance company assigns an adjuster to investigate your case, determine if insurance coverage applies, and assess how the accident occurred. Your personal injury lawyer may conduct an independent investigation, gather evidence to prove fault, and identify all parties responsible for your loved one’s death.
• Calculation of damages: The full range of your damages is identified, calculated, and presented to the insurance company for payment via a demand letter. 
• Settlement negotiations: The insurance adjuster and your wrongful death attorney may go through several rounds of negotiations before they agree to a fair settlement. 

If settlement negotiations fail, your lawyer can discuss the possibility of filing a wrongful death lawsuit. At any point, your case could settle.