Syracuse Wrongful Death Attorney
Wrongful Death Claims in New York
Accidents that leave people injured happen every day in Central New York.
Many times, they are caused by the negligence of another party. Sadly,
sometimes these injuries are fatal. The wrongful death attorneys at
Cherundolo Law Firm, PLLC help families hold negligent parties accountable.
No amount of money can bring lost loved ones back to their families. But
our attorneys can help family members recover compensation as they adjust
to the loss and rebuild their lives. This is especially important if the
loved one had been a provider for the family.
-- Syracuse Attorneys Helping Families Recover Compensation --
Have you lost a loved one due to someone else's negligent behavior? Contact
our wrongful death attorneys today to
schedule a free consultation.
What is Wrongful Death?
A wrongful death case is one in which one or more parties acted negligently
or recklessly, causing a fatality. This negligent or reckless behavior
may have occurred as a result of medical malpractice, using a
defective product, a motor vehicle accident, a work accident or other type of accident.
What Types of Accidents Can Cause a Wrongful Death?
Who Pays for a Wrongful Death Claim?
In a wrongful death claim, the defendant and their insurance providers
will be the parties that “pay” for your damages. Typically,
the payments come entirely from the insurance provider, though. Insurance
policies are sold to prevent individuals from having to pay damages out
of their pockets, after all.
When an insurance cap is reached and all damages have not been covered,
though, there might be a reason to pursue compensation directly from the
defendant. For example, if a drunk driver’s auto insurance policy
maxes out but you are still not fully compensated for the loss of your
loved one, then you might be able to demand they pay for damages from
their own savings. Let us guide you through the entire process, so you
can know if seeking damages directly from the defendant is even a viable
or fruitful option.
Can You Sue a Dead Person for Wrongful Death?
Did you lose a loved one to an accident that also claimed the life of the
person who caused it? As strange as it might sound, you can technically
sue the dead defendant for compensation. Except, you aren’t naming
them as a defendant. Rather, you will name their estate as the defendant,
and any damages you can collect will be removed from the value of their
estate or estate-related insurance policies.
Wrongful Death Damages
Our attorneys offer compassionate representation and will determine the
true damages suffered by your family. Depending on the details of the
accident, these may include damages for:
- Funeral expenses
- Medical expenses for the treatment of your loved one
- Loss of income
- Loss of financial support
- Loss of parental care and guidance
- Loss of inheritance for surviving children
- Pain and suffering experienced by your loved one before death
Is Wrongful Death Hard to Prove?
You can think of a wrongful death claim as a personal injury claim, except
the person who was injured cannot file the claim themselves. In this way,
the same sort of evidence you could use to prove liability in a personal
injury claim can be used in a wrongful death claim. Is wrongful death
hard to prove? Not any more than it is to prove liability in a personal
injury case.
Oftentimes, the effectiveness of a wrongful death claim brought against
a defendant depends on the available evidence. Everything from police
reports and eyewitness testimonies to medical records can be useful when
determining the cause of wrongful death. Our attorneys can look everywhere
possible for evidence that builds your case.
New York Wrongful Death Statute of Limitations
New York uses a strict two-year statute of limitations for wrongful death
cases. The two-year statute begins on the date of the decedent’s
passing, not necessarily on the day they were injured or diagnosed with
a fatal condition. If two years pass since that date and no claim is filed
against the liable party, then there is virtually no chance to demand
compensation later. Don’t let this statute of limitations expire
without exploring your legal options with our attorneys’ assistance.
How Our Wrongful Death Attorneys Can Help
Wrongful death cases can be very complex. Negligent parties typically deny
responsibility for what happened. Insurance companies will do what they
can to keep any payment as low as possible. But our firm was built on
helping clients win complex cases. We have the knowledge, experience and
resources needed to get results.
Our legal team investigates your loved one's accident to find out what
really happened. Our
personal injury attorneys know where to find evidence of negligence. We build the strongest case
possible and will fight for your loved one in court, if needed. Many times,
we are able to negotiate a settlement with the insurance company that
meets your needs.
-- A Record of Getting Results --
If you lost a loved one in an accident caused by the negligence of another,
we can help.
Contact us for a free consultation. We can answer your questions and go over your
legal options.
