Rochester Premature Death Lawyer

The death of a loved one is always painful, but when it happens due to another’s negligence, the loss can be even more devastating. Families left behind often face emotional suffering and financial burdens, including funeral and burial expenses, lost wages, and medical bills. Filing a wrongful death lawsuit can help surviving family members obtain the compensation they need to ease these financial burdens and hold the responsible party accountable.

At Brown Chiari LLP, we understand how difficult it is to cope with the untimely loss of a family member. Our experienced attorneys provide compassionate and dedicated legal support to families in Rochester and throughout upstate New York. We are committed to helping you seek justice and financial security for your family’s future.

What Qualifies as a Wrongful Death Case?

A wrongful death occurs when an individual loses their life due to someone else’s negligence or misconduct. Under New York’s wrongful death statute (Estates, Powers & Trusts Law § 5-4.1), certain family members may pursue a legal claim to recover damages for their losses.

Some common causes of wrongful death cases include:

If your loved one was killed due to someone else’s negligence, you may be entitled to seek damages. An experienced attorney can help you navigate the legal process and ensure that you receive the compensation you deserve.

Who Can File a Wrongful Death Claim in New York?

Under new york law, a wrongful death claim must be filed by the personal representative of the deceased’s estate. While the lawsuit is filed on behalf of the estate, the compensation is intended for surviving family members, such as:

  • Spouses
  • Children, including minors in need of parental guidance
  • Parents of the deceased
  • Other dependents named in the estate

If you have lost a family member due to another’s negligence, our attorneys can guide you through the legal process and help you understand your rights under New York’s wrongful death laws.

Compensation Available in a Wrongful Death Lawsuit

Families who file a wrongful death lawsuit may recover various types of compensation for their losses. Depending on the circumstances, you may be eligible to receive:

  • Funeral and burial expenses
  • Medical bills related to the deceased’s final injury and medical care
  • Lost wages and future earnings the deceased would have provided
  • Economic damages for financial losses suffered by the family
  • Emotional loss and suffering endured by surviving family members

Our law firm has helped many clients recover wrongful death damages, ensuring that their families have the financial security needed to move forward.

How Our Law Firm Can Help

Filing a wrongful death lawsuit requires gathering essential evidence, such as medical records, accident reports, and witness statements. Our attorneys have extensive experience handling complex wrongful death claims and can assist with:

  • Investigating the cause of death and identifying the responsible party
  • Consulting medical professionals and accident experts to strengthen your claim
  • Negotiating with insurance companies to obtain fair compensation
  • Representing your family in court if a settlement cannot be reached

We are proud members of the million dollar advocates forum and the multi million dollar advocates, recognizing our success in securing significant settlements and verdicts for our clients.

Contact a Rochester Premature Death Lawyer for a Free Consultation Today

If you have lost a loved one due to someone else’s negligence, a Rochester Premature Death Lawyer can help you pursue the compensation you deserve. Our legal team is ready to provide the guidance and support you need to seek justice. Call Brown Chiari LLP at (716) 681-7190 for a free consultation today. You can also reach us anytime through our contact page. Let us help you obtain the financial compensation your family deserves.

FAQ

How long do I have to file a wrongful death lawsuit in New York?

New York law generally allows two years from the date of death to file a wrongful death claim. However, certain exceptions—such as a pending criminal case against the responsible party—can extend this deadline. It’s important to consult an attorney promptly to preserve your rights.

What damages can I recover in a wrongful death case?

Compensation may include funeral and burial expenses, medical bills, lost wages, financial damages, and compensation for emotional suffering. An attorney can assess your case and determine the full extent of your claim.

Who can file a wrongful death lawsuit in New York?

Only the personal representative of the deceased’s estate can file a wrongful death lawsuit on behalf of surviving family members. However, compensation is distributed to those affected by the loss.

Can I file a claim for wrongful death caused by medical malpractice?

Yes. If a loved one’s death was due to medical negligence, such as surgical errors, misdiagnoses, or failure to provide proper treatment, you may be able to file a wrongful death claim against the responsible party.

What is the difference between a personal injury claim and a wrongful death claim?

A personal injury claim is filed by the injured person, while a wrongful death claim is filed by the deceased’s estate on behalf of surviving family members. Both types of claims seek compensation for losses, but wrongful death claims specifically address losses suffered due to a loved one’s death.