If someone you love has died in New York by someone else’s negligence, you may be entitled to compensation for the losses. We know that money won’t bring back your loved one, but it can help to cover some of the expenses you’ve been struggling to pay for.
You shouldn’t have to bring up this claim alone. Contacting an experienced Rochester wrongful death lawyer should be the first step you take for help. Whether you’ve lost someone due to an accident, wrongful act, or medical malpractice, having Brown Chiari LLP on your side can help you seek justice.
In New York State, wrongful death is defined as a death that results from a wrongful act or neglect by an individual. When this negligence injures another person, the victim injured may seek compensation with a personal injury claim.
If an individual dies in an accident and could have filed a personal injury claim if they survived, their family has the right to bring up a wrongful death claim instead. Their family has to prove the same negligence that the individual would have had to prove in a personal injury claim.
In New York, a wrongful death claim must be filed within two years from the date of the individual’s death. A notice of intention to file a claim must be made within months from the event when suing certain groups, like government agencies. This deadline depends on the group, so talk to your lawyer about the time limits on your case.
State law bars wrongful death claims from being filed in the courts if more than this time has passed. The court will stop anyone filing after this amount of time unless they’re included in certain exceptions. These exceptions include the following:
If you’re worried that you’re running out of time, reach out to an attorney. Your lawyer can help you take action now, acting withing the time limits to get the compensation you’re due.
There are a series of events that can commonly lead to wrongful death claims. These situations can include, but are not limited to:
The roadways in New York are known for being packed and overcrowded at times. They can become dangerous with the high amount of traffic on the roads. This is especially true come the winter months in the state.
In addition to this, there are dangerous walkways, construction sites, buildings, and other property hazards. Not just that, but professionals are only human and mistakes can be made. Accidents and fatalities can happen in any instance, at any time. Here are some of the more common accidents that can result in a wrongful death claim.
Some of the major causes of these accidents are speeding, driving while distracted or impaired, or failing to follow road rules. The heavy traffic on New York roadways and speeding is a major issue and causes many accidents to happen. Pair this with inclement weather and it could be disastrous.
These accidents can involve buses, pedestrians, taxis, motorcycles, commercial trucks, and a series of other vehicles. Whoever is on the roadway at any given time is prone to being in a serious motor vehicle accident.
Rochester nursing home facilities are supposed to uphold their resident’s rights, including being free from abuse while staying in them. Unfortunately, many of these nursing homes do not hire trained, professional, or enough staff to meet their resident’s needs.
This places many of the residents at risk of injuries or even death. This type of staff shortage can lead to medication errors, lack of accident prevention, or even impatient or abusive behavior toward elderly residents.
Property owners in New York have the responsibility to keep their property free from hazards and other dangers that pose a potential risk to their visitors. This can be anyone from business owners to homeowners.
Some common types of premises liability incidents that result in wrongful death claims include slip-and-fall accidents, swimming pool accidents, animal attacks, elevator accidents, amusement park accidents, and many others that happen in public spaces.
People rely on hundreds of products that include medications, appliances, food, vehicles, and so much more. The manufacturers of these products have to ensure that they’re safe for these individuals to regularly use, as long as it is according to their instructions.
Product defects can result in injury or even death. Anyone in the manufacturing process can be found liable when this happens. These cases can be mass torts, where there are multiple individuals with losses, but not all of these cases become one. Talk to your Rochester fatal accident lawyer about opportunities to join these larger lawsuits.
Wrongful death claims are filed and brought to a court through a legal team that you hire to represent you. These claims do not start as lawsuits but are demands for compensation based on the specifics of the case and expenses you’ve dealt with due to the wrongful death. Negotiation may happen before your claim ever goes to trial but may not settle out of court.
A discovery phase will be done prior to determining compensation amounts. This will prove liability on the other party while offering evidence to back up the amount being asked for. It can strengthen the claim.
The liable party can either pay the amount being demanded, deny the claim against them, or offer to settle the claim out of court for less than what is being asked. If they fail to compensate you for the claim, you can let a court determine the liability and amount of compensation you’re entitled to.
Personal injury claims are filed by the individual harmed. Though Rochester wrongful death claims are a similar type of claim, those close to the individual that is deceased would be the ones filing this claim.
They have to be close family members of the deceased individual in order to file a claim. Those that are dealing with the impact of losing the loved one, such as the lost wages or pain and suffering due to the negligence of others.
These individuals would be immediate family members, such as the spouse, children, parents, or grandparents of the deceased. In the case where the family member is not able to file a claim or if the deceased had a will before their untimely death, an appointed administrator would file on behalf of the family.
To successfully receive compensation in a wrongful death claim, you have to prove liability. This liability refers to the individual’s responsibility to compensate anyone that is harmed due to their own reckless or careless actions.
The claimant has to show a series of things that prove the other party was at fault for the damages. Some of these things include the following:
If the claim is against one party, this party will have to be shown to be liable. However, if it’s against multiple parties, the same liability has to be proven by all of the parties with claims being put against them. An experienced lawyer is able to do this.
There are a number of things that individuals can receive compensation for in a Rochester wrongful death claim. These are all expenses that directly impact family members and close individuals of the deceased. They include any of the following and beyond:
The amount varies based on the specifics of the case, the extent of the injuries, and the loss suffered by the family. This is all something that experienced Rochester wrongful death attorneys can touch base on depending on your unique situation.
A wrongful death lawyer in Rochester can provide many services, so you can rest assured knowing you have the footwork taken care of. Wrongful death claims can become complex, and you should have a professional that understands the law behind you.
A wrongful death attorney in Rochester can assist you with numerous tasks, such as determining the sources of liability, working with all the insurance companies and parties involved, determining the value of the claim based on the specifics given, managing a timeline and communications, and so much more.
All litigation services, evidence gathering, and collecting the settlement amounts will also be done through the office. You can mourn the loss of your loved one in peace knowing you have a team that provides this security. It is not a task you’d want to take on, on your own.
Allow the professional law office of Brown Chiari LLP to help you through this tough time. You shouldn’t have to feel like you’re struggling through this alone. You have many options available to work with. Depending on your situation, you may have a case.
Give our office a call at 716-681-7190 or fill out our contact form online to schedule a time to speak with a Rochester wrongful death lawyer. This is a tough time, you shouldn’t have to worry about what tomorrow may hold. Contact us today to get started.