When tragedy strikes and a loved one is lost due to someone else’s negligence or wrongdoing, it’s not just an emotional catastrophe; it can also have profound legal implications. Wrongful death claims allow the surviving family members of the deceased to pursue justice and compensation for their loss. Read on and contact a dedicated Rochester wrongful death lawyer from Lacy Katzen LLP to learn more about how we can assist you.
Wrongful Death Lawyer | Advocating for Families in NYS
Losing a loved one due to another person’s negligent or intentional actions is devastating and unacceptable. Our firm is here to fight for the justice you deserve. Speak with a compassionate Rochester personal injury lawyer from Lacy Katzen LLP so we can get started working on your case.
Common Types of Wrongful Death Cases
The unfortunate reality is that any accident can result in untimely death. However, some of the scenarios that most commonly result in wrongful death are as follows:
- Motor Vehicle Accidents: One of the leading causes of wrongful death is road accidents, whether involving cars, trucks, bicycles, pedestrians, or motorcycles.
- Medical Malpractice: Medical professionals have a duty to provide competent care. Fatal errors, such as surgical mistakes, misdiagnoses, or improper treatments, can give rise to a wrongful death claim.
- Work-related Accidents: Certain professions, like construction or manufacturing, carry inherent risks. Employers are mandated to provide safe working environments, and a failure to do so can result in fatal consequences.
- Defective Products: If a product is faulty or does not provide adequate warnings and results in death, the manufacturer or seller might be held liable.
- Premises Liability: Property owners must maintain a safe environment. Slip and fall incidents, inadequate security, or dangerous conditions that lead to death can be grounds for a claim.
Who Can File a Wrongful Death Claim in New York?
In New York, the personal representative of the deceased’s estate is entitled to file a wrongful death claim. While this typically is an executor or administrator named in the deceased’s will, in situations where no will exists, the court might appoint a personal representative.
Though the representative files the claim, they do so on behalf of the deceased’s beneficiaries. These may include:
- The deceased’s spouse.
- Parents, if there are no spouse or children.
- Siblings, if there are no direct heirs.
Compensation in a Wrongful Death Claim
The objective of compensation is to financially stabilize the surviving family members, covering the following, among other things:
- Medical and Funeral Costs: Any expenses incurred for medical care prior to the death or for the funeral are recoverable.
- Lost Wages and Benefits: Compensation for the wages and benefits the deceased would have earned had they lived.
- Value of Support and Services: This accounts for household duties, childcare, or other tasks the deceased performed.
- Lost Inheritance: Children can claim compensation for the loss of inheritance due to a parent’s premature death.
- Pain and Suffering: While no sum can equate the emotional loss, compensation can be sought for the pre-death pain and suffering endured by the deceased.
- Loss of Parental Guidance: Children can seek compensation for the deprivation of a parent’s nurture, care, and guidance.
- Loss of Consortium: The spouse can claim for the loss of companionship and love.
Statute of Limitations
Time is of the essence. In New York, the statute of limitations for filing a wrongful death claim is two years from the date of death. Missing this window can jeopardize your ability to pursue compensation. It’s paramount to consult with an attorney promptly to ensure timely proceedings.
Contact Lacy Katzen LLP Today
The aftermath of a loved one’s untimely passing is a maelstrom of grief, questions, and a search for closure. While no amount of money can bring back a loved one, a wrongful death claim can offer financial security during a time of upheaval. Contact a compassionate wrongful death lawyer from Lacy Katzen LLP for a free consultation today. We are here to get you the justice you deserve.